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THIRTEENTH  EDITION,   1905. 


JEWETT'S  MANUAL 


ELECTION  OFFICERS  AND  VOTERS 


STATE  OF  NEW  YORK 


CONTAININa  THK 


General  Election  Law,  Town  Meeting  Law,   Provisions 
Relating  to  School  Meetings  and  Village  Elec- 
tions,  the    Primary    Election    Law   of 
1899,     and    the     Metropolitan 
Elections  District  Law. 

COMPLETE  WITH  AMENDMENTS  TO  DATE. 

ALBO   PROVISIONS   OF    THE   PENAL    CODE,    GENERAL    LAWS    AND 
CONSTITUTION  OF  THE  STATE  OF  NEW  YORK  RELAT- 
ING TO  ELECTIONS  AND  ELECTIVE  OFFICERS, 


ANNOTATIONS,  FORMS  AND  INSTRUCTIONS. 
THIBTEENTH  EDITION. 


By  K.  Gr.  JK^^^ETT, 

Former  Cleric  to  ttie  Secretary  of  State. 


1905. 
MATTHEW  BENDER  AND  COMPANY. 

ALBANY,  N.  Y. 


T 
1905 

Copyright,  1902, 
By  MATTHEW  BENDER. 


Copyright,  1903, 
By  MATTHEW  BENDER. 


Copyright,  1904, 
By  MATTHEW  BENDER. 


Copyright,  1905, 
By  MATTHEW  BENDER  AND  COMPANY. 


TABLE  OF  CONTENTS. 


Election  Law: 

ARTICLE  I. 
Times,  Places,  Notices,  Officers  and  Expenses  op  Elections. 

PAGB 

Section    i.  Short  title 2 

2.  Date  of  general  election 2 

3.  Time  of  opening  and  closing  polls ^  3 

4.  Filling  of  vacancies  in  elective  offices 3 

5.  Notice  of  elections 5 

6.  Notice  of  submission  of  proposed  constitutional  amendments 

or  other  propositions  or  questions 5 

7.  Publication   of   concurrent   resolutions,   proposed   constitu- 

tional amendments  and  other  propositions 6 

8.  Creation,  division  and  alteration  of  election  districts ^ 

9.  Maps  and  certificates  of  boundaries  of  election  districts....     9 

10.  Designation  of  places  for  registry  and  voting 10 

11.  Election  officers;  designation,  number  and  qualifications...   12 

12.  Appointment  and  qualification  of  election  officers  in  cities..   14 

13.  Election  officers  in  towns 17 

14.  Organization  of  boards  of  inspectors;    supplying  vacancies 

and  absences 19 

15.  Preservation  of  order  by  inspectors 20 

16.  Ballot  boxes 21 

17.  Voting  booths  and  guard-rails 21 

18.  Payment  of  election  expenses 22 

19.  Delivery  of  election   laws   to   clerks,  boards   and  election 

officers 24 

Forms  for  Article  1 26 

ARTICLE  IL 
Registration  of  Electors. 

Section  30.  Meetings  for  registration 3* 

31.  Adding  and  erasing  names  on  register 33 

32.  Forms  for  registration 35 


77(;8fiG 


iv  Table  of  Contents. 

PACK 

Section  33.  Method  of  registration 39 

34.  General  provisions 42 

35.  Certification  and  custody  of  register 49 

36.  Delivery  of  blank  books  for  registration,  certificates  and 

instructions 52 

Forms  for  Article  II 55 


ARTICLE  III. 
Primaries,  Conventions  and  Nominatioks. 

Section  50.  Definitions  of  primary  and  convention 1. . . .  57 

51.  Notice  of  primary 57 

52.  Organization  and  conduct  of  primaries 58 

53.  Qualifications  of  voters  at  primaries 60 

54.  Duties  of  chairman  of  primary 60 

55.  Watchers  and  canvass  of  votes  at  primaries..... 61 

56.  Party  nominations 61 

57.  Independent  nominations 67 

58.  Places  of  filing  certificates  of  nominations ".  69 

59.  Times  of  filing  certificates  of  nominations 70 

60.  Certification  of  nominations  by  secretary  of  state 71 

61.  Publication  of  nominations 71 

62.  Lists  for  town  clerks  and  aldermen 73 

63.  Posting  town  and  village  nominations. 73 

64.  Declination  of  nomination 73 

65.  Objections  to  certificates  of  nominations 74 

66.  Filling  vacancies  in  nominations 74 

Forms  for  Article  III 79 

ARTICLE  IV. 
OmciAL  AND  Sample  Ballots,  Instruction  Cards  and  Stationbby. 

Section  80.  Official  ballots  for  elections 89 

81.  Form  of  general  ballot 89 

82.  Form  of  ballot  for  questions  submitted 94 

83.  Sample  ballots,  instruction  cards  and  stationery 95 

84.  Blank  forms  for  election  officers 96 

85.  Number  of  official  ballots 104 

86.  Officers  providing  ballots  and  stationery 104 

87.  Distribution  of  ballots  and  stationery 105 

88.  Errors  and  omissions  in  ballots 106 

89.  Unofficial  ballots 107 

Forms  for  Article  IV 108 


Table  of  Contents.  m 

ARTICLE  V. 
Conduct  of  Elections  and  Canvass  of  Votm. 

PACK 

Seedon  loa  Opening  the  polls iii 

101.  Persons  within  the  gfuard  rail Ii3 

102.  Watchers;   challengers;   electioneering 113 

103.  General  duties  of  election  officers 114 

104.  Delivery  of  ballots  to  electors 117 

105.  Preparation  of  ballots  by  electors 120 

106.  Manner  of  voting 122 

107.  When  official  ballots  may  be  voted 123 

108.  Challenge  and  oaths ••  X24 

109.  Time  allowed  employes  to  vote 126 

no.  Method  of  canvass 127 

111.  Original  statement  of  canvass  and  certified  copies 136 

112.  Proclamation  of  result 138 

113.  Delivery  and  filing  of  papers  relating  to  the  election 139 

114.  Judicial  investigation  of  ballots 141 

Fonns  for  Article  V 145 


ARTICLE  VI. 
County  and  State  Board  of  Canvassers. 

Section  130.  Organization  of  county  board  of  canvassers 155 

131.  Production  of  original  statements  and  copies  thereof 156 

132.  Correction  of  clerical  errors  in  election  district  statements.  157 

133.  Correction  in  state  or  county  board  of  canvassers'  state- 
ment    158 

134.  Proceeding  of  state  board  of  canvassers  upon  corrected 
statement l6l 

135.  Statement  of  canvass  by  county  boards 162 

136.  Decisions  of  county  boards  as  to  persons  elected 165 

137.  Transmission  of  statements  of  county  boards  to  secretary  of 
state 166 

138.  Organization  and  duties  of  board  of  canvassers  New  York 
city   167 

139.  Organization  of  state  board  of  canvassers 169 

140.  Canvass  by  state  board 169 

141.  Certificates  of  election 170 

142.  Record  in  office  of  secretary  of  state  of  county  officers 
elected I7I 


yi  Table  of  Contents. 

ARTICLE  VII. 

Voting  Machines. 

PAGE 
Section  160.  State  voting  machine  commissioners 172 

161.  Examination  of  voting  machine 173 

162.  Requirements  of  voting  machine 173 

163.  Adoption  of  voting  machine I74 

164.  Experimental  use  of  voting  machine 174 

165.  Providing  machines I74 

166.  Payment  for  machines 175 

167.  Form    of   ballots 175 

168.  Sample  ballots 175 

169.  Number  of  official  ballots 175 

170.  Distribution  of  ballots  and  stationery I75 

171.  Tally  sheets 176 

172.  Unofficial  ballots 176 

173.  Opening  the  polls ;   independent  ballots 176 

174.  Location  of  machines ;  guard  rail I77 

175.  Manner  of  voting I77 

176.  Instructing  voter 177 

177.  Disabled  voters 178 

178.  Canvass  of  vote  and  proclamation  of  result 178 

179.  Disposition   of   independent   ballots;     and   preserving   the 
record  of  the  machine 178 

180.  Application  of  other  articles  and  penal  code 179 

181.  When  ballot  clerks  not  to  be  elected 179 

182.  Number  of  voters  in  election  districts I79 

183.  Definirions I79 

184.  Repeal  of  laws 180 


ARTICLE  Vin. 

Electors  of   President  and  Vice-President,  and  Representatives  in 

Congress. 

Section  160.  Representatives  in  congress 181 

161.  Electors  of  president  and  vice-president 182 

162.  Meeting  and  organization  of  electoral  college 182 

163.  Secretary  of  State  to  furnish  list  of  electors 182 

164.  Vote  of  the  electors 183 

165.  Appointment  of  messenger 184 

166.  Other  lists  to  be  furnished 184 

167.  Compensation  of  electors 185 

168.  Laws  repealed 185, 


Table  of  Contents.  vii 

PAGE 

Primary  election  law i88 

Soldiers'  and  sailors'  election  law 232 

Metropolitan  election  district  law 251 

Penal  code  provision 258 

Constitution,  provisions  concerning  elections 275 

State  and  county  elective  officers,  provisions  relating  to 302 

Political  divisions  of  state,  counties  and  towns : 

election  districts 328 

senate  districts 331 

assembly  districts 335 

congressional  districts 361 

judicial  districts • .  3^3 

school  commissioner  districts 364 

Voters,  qualifications,  etc.,  of 375 

Citizenship   388 

Naturalization 391 

Town  meetings 403 

Town  officers,  qualification  of 421 

Village  officers  and  election 429 

School  elections .<  444 


Political  Calendar,    1905, 


Election  day,  Tuesday,  November  7,  Polls  open  6  A.  M.,  polls  close 
5  P.  M. 

Annual  primary  day,  seventh  Tuesday  before  the  day  of  general  election, 
September  iq.  In  cities  of  the  first  class  there  is  an  additional  primary 
day  on  the  fifth  Tuesday  before  the  general  election  day  —  October  3. 
In  such  cities  such  additional  primary  election  will  not  be  held  in  case  no 
State  convention  is  called  for  the  nomination  of  a  State  officer.  See  Pri- 
mary Election  Law,  t^  4,  subd.  i,  post,  p.  201. 

Designation  of  places  of  registration  and  election,  in  each  town  and  city, 
except  BufiFalo,  September  5.     In  Buffalo,  August  7. 

Registration  days  in  New  York  city: 

First    day,    Monday,    October   9,  from  7  A.  M.  to  10  p.  M. 

Second  day,  Tuesday,  October  10,     "  "        "         " 

Third  day,  Saturday,  October  14,     "  "        "         " 

Fourth  day,  Monday,  October  16,    "  "        "         " 

Registration  days  in  all  cities,  except  New  York,  and  in  all  villages  of 
five  thousand  or  more  inhabitants  : 

First  day,  Friday,  October  13. 

Second  day,  Saturday,  October  14. 

Third  day,  Friday,  October  20. 

Fourth  day,  Saturday,  October  21. 

Registration  days  in  cities,  except  of  the  first  class,  and  villages  of  fire 
thousand  or  more  inhabitants,  elsewhere  than  in  cities  of  the  first  class,  are 
held  on  such  days  from  8  A.  M.  to  9  P.  M,  In  cities  of  the  first  class,  from 
7  A.  M.  to  10  P.  M. 

Registration  in  election  districts  other  than  in  cities  or  villages  of  fire 
thousand  inhabitants  or  over  are  : 

First  day,  Saturday,  October  14,  from  9  A.  M.  to  9  p.  m. 

Second  day,  Saturday,  October  21,  from  9  a.  m.  to  9  p.  M. 

List  of  candidates  for  election  officers  in  cities  to  be  filed  not  later  than 
July  I. 

Appointment  of  election  officers  in  cities  on  or  before  September  i. 

Publication  of  polling  places  and  election  district  boundaries  in  cities, 
except  New  York,  October  12,  13,  14,  19,  20,  21,  November  6  and  7;  in  New 
York  city,  October  8,  9,  10,  13,  14,  15,  16,  November  6  and  7. 

Certificates  of  nominations  to  be  filed  with  secretary  of  state  : 

Party  certificates,  September  28  to  October  9. 

Independent  certificates,  September  2S  to  October  13. 

[ix] 


X  Political  Calendar,  1905. 

To  be  filed  with  county  or  city  clerk,  board  of  police  or  board  of 
elections  : 

Party  certificates,  October  3  to  October  13. 

Independent  certificates,  October  3  to  October  r8. 

Certification  of  nomination  by  secretary  of  state,  October  24. 

Publication  of  nominations,  November  i  to  November  6,  inclusive. 

Lists  of  candidates  to  be  posted  by  town  clerk  or  alderman  on  or  before 
November  4. 

Declination  of  party  nomination  to  be  filed  with  secretary  of  state  not 
later  than  October  13.  Of  independent  nomination  not  later  than  Octo- 
ber iS. 

Declination  of  party  nomination  to  be  filed  with  county  or  city  clerk, 
board  of  police  or  board  of  elections,  not  later  than  October  18.  Of  inde- 
pendent nomination  not  later  than  October  20. 

Objection  to  nomination  certificate  must  be  made  within  three  days 
after  the  filing  thereof. 

Vacancies  in  nominations  caused  by  declination  or  disqualification  must 
be  filled  by  filing  a  certificate  with  secretary  of  state,  county  clerk  or  city 
clerk  on  or  before  October  23. 

When  a  candidate  dies  after  the  official  ballots  have  been  printed,  the 
vacancy  can  be  filled  by  filing  the  proper  certificate,  and  the  officer  pro- 
viding the  official  ballot  must  then  provide  official  pasters  bearing  the 
name  of  the  new  nominee.  The  pasters  are  affixed  to  the  ballots  by  the 
ballot  clerks  before  delivery  to  the  electors. 


The  Election  Law. 


CHAP.  909. 


AN  ACT  in  relation  to  the  elections,  constituting  chapter  six  of 
the  general  laws. 

Became  a  law  May  27,  1896,  with  the  approval  of  the  Governor.     Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
'Assembly,  do  enact  as  follows: 

CHAPTER  VI  OF  THE  GENERAL  LAWS. 

The  Election  Law. 

Article      I.  Times,    places,    notices,    officers   and   expenses   of   elections. 
(Sections  i  to  19.) 
II.  Registration  of  electors.     (Sections  30  to  36.) 

III.  Primaries,  conventions  and  nominations.     (Sections  50  to  66.) 

IV.  Official  and  sample  ballots,  instruction  cards  and  stationery. 

(Sections  80  to  89.) 
V.  Conduct  of  elections.     (Sections  100  to  114.) 
VI.  County  and  state  boards  of  canvassers.     (Sections  130  to  141.) 
VII.  Voting  machines.     (Sections  160  to  184.) 

VIII.  Electors  of  president  and  vice-president  and  representatives  in 
congress.     (Sections  190  to  198.) 

ARTICLE   I. 
Time,  Places,  Notices,  Officers  and  Expenses  of  BlectionB. 

Section    i.  Short  title. 

2.  Date  of  general  election. 

3.  Time  of  opening  and  closing  polls. 

4.  Filling  of  vacancies  in  elective  offices. 

5.  Notice  of  elections. 

6.  Notice  of  submission  of  proposed  constitutional  amendment*  or 

other  propositions  or  questions. 


2  The  Election  Law  of  1896. 

SiCTlON  7.  Publication  of  concurrent  resolutions,  proposed  constitutional 
amendments  and  other  propositions. 

8.  Creation,  division  and  alteration  of  election  districts. 

9.  Maps  and  certificates  of  boundaries  of  election  districts. 

10.  Designation  of  places  for  registry  and  voting. 

11.  Election  officers;  designation,  number  and  qualification. 

12.  Appointment  and  qualification  of  election  officers  in  cities. 

13.  Preservation  of  order  by  inspectors. 

14.  Organization  of  boards  of  inspectors;  supplying  vacancies  and 

absences. 

15.  Preservation  of  order  by  inspectors. 

16.  Ballot  boxes. 

17.  Voting  booths  and  guard-rails. 

18.  Payment  of  election  expenses. 

19.  Delivery  of  election  laws  to  clerks,  boards  and  election  oflRcers. 

Section  i.  Short  title. — This  chapter  shall  be  known  as  the 
election  law. 

§  2.  Date  of  general  election. — A  general  election  shall  be 
held  annually  on  the  Tuesday  next  succeeding  the  first  Monday  in 
November. 

City  elections. — In  cities,  except  those  of  third  class,  elections  to  be  held 
on  date  of  genera!  election  in  an  odd  numbered  year.  (Const.  §  3,  art.  I2.) 

General  election  day  a  public  holiday. — "  The  term  holiday  includes 
the  following  days  in  each  year :  The  first  day  of  January,  known  as  New 
Year's  day ;  *  ♦  *  each  general  election  day.  ♦  *  *  (Pt,  §  24, 
Statutory  Construction  Law.) 

Sale  of  liquor  on  election  days. — "  It  shall  not  be  lawful  for  any  cor- 
poration, association,  copartnership  or  person,  whether  having  paid  such 
tax  or  not,  to  sell,  offer  or  expose  for  sale,  or  give  away  liquor: 


"  c.  On  the  day  of  a  general  or  special  election,  or  city  election,  or  town 
meeting,  or  village  election,  within  one-quarter  of  a  mile  of  any  voting 
place,  while  the  poll  for  such  election  or  town  meeting  shall  be  open."  (Pt. 
5  31,  Liquor  Tax  Law.) 

No  parade  or  drill  of  national  guard  on  election  day. — "  No  parade 
or  drill  of  the  active  militia  shall  be  ordered  on  any  day  during  which  an 
election  shall  be  held,  except  in  case  of  riot,  invasion  or  insurrection,  or 
imminent  danger  thereof."  (Pt.  §  81,  Military  Code,  chap.  212,  Laws 
1898.) 

No  tolls  to  be  charged  voters  on  election  days. — "  No  tolls  shall  be 
charged  or  collected  at  any  gate  from  any  person  going  to  and  from  public 
worship,  a  funeral,  school,  town  meeting  or  election,  at  which  he  is  a  voter 
to  cast  his  vote.  *  ♦  *"  (Extract  from  §  130,  Transportation  Cot' 
poration  Law.) 


'  Times,  Places,  Notices,  etc.,  of  Elections.  3 

/ 

Shall  be  considered  as  Sunday  for  such  purposes  as  the  presenting, 
protesting,  etc.,  of  bills  of  exchange,  bank  checks  and  promissory  notes. 
^Negotiable  Inst.  Laiv,  §  i45-) 

Slxall  be  considered  as  Sttnday  as  to  the  transaction  of  business  in 
public  offices  of  the  state  and  the  counties.     {Laivs  1892,  chap.  677,  §  24) 

SberifEs'  and  coiuity  clerks'  offices  not  to  be  open  on  election  day. 
(Lazi's  1895,  chaps.  718,  961.) 

Sale  of  property  in  foreclosure  of  mortgage  by  advertisement  not  to  be 
held  on  election  day.     (Code  Civ.  Pro.  §  2'393.) 

Courts  may  sit  on  election  day,  the  Election  Law  having  repealed  Laws 
1842,  chap.  130,  which  prohibited  such  sitting. 

Issuance  and  service  of  legal  process  not  prohibited  on  election  day. 
(Didsbury  v.  Fan  Tassell,  56  Hun,  423.) 

§  3.  Time  of  opening  and  closing  polls. — The  polls  of  every  gen- 
eral election,  and,  unless  otherwise  provided  by  law,  of  every  other 
election  shall  be  opened  at  six  o'clock  in  the  forenoon  and  shall  close 
at  five  o'clock  in  the  afternoon.  There  shall  be  no  adjournment 
or  intermission  until  the  polls  are  closed.  The  closing  of  the  polls 
shall  be  deemed  to  mean  the  close  of  the  delivery  of  official  ballots 
to  electors,  and  the  electors  entitled  to  vote  who  have  lawfully 
begun  the  act  of  voting  before  the  time  fixed  for  the  close  of  the 
polls,  shall  be  allowed  to  complete  the  act.  It  shall  not  be  lawful 
for  any  corporation,  association,  copartnership  or  person,  to  sell, 
oiTer  or  expose  for  sale,  or  give  away,  any  liquor  on  the  day  of  a 
general  or  special  election,  within  one-quarter  of  a  mile  of  any 
voting  place,  while  the  polls  for  such  election  shall  be  open.  A 
violation  of  this  provision  shall  be  deemed  a  misdemeanor.  {Thus 
amended  by  chap.  654,  L.  1901.) 

Iiocal  or  special  laws  as  to  the  opening  of  elections  cannot  be  made  by 
the  legislature.     (Const,  art.  3,  sec.  18,  subd.  9.) 

Axnend m ents,  however,  may  be  made  to  such  local  or  special  laws  as 
w«re  in  existence  before  1875.  (People  ex  rel.  Lardner  v.  Carson,  10  Misc. 
237,  246.) 

Statute  is  directory,  not  imperative,  as  to  the  hours  of  opening  and 
closing  the  polls;  election  not  necessarily  void  because  of  a  violation  of 
statutory  regulations,  though  inspectors  might  be  liable  to  indictment 
therefor.     (People  v.  Cook,  8  N.  Y.  67,  91.) 

§  4.  Filling  vacancies  in  elective  oflBlces. — A  vacancy  occurring 
before  October  fifteenth  in  any  year  of  any  office  authorized  to  be 
filled  at  a  general  election,  shall  be  filled  at  the  general  election  held 
next  thereafter,  unless  otherwise  provided  by  the  constitution,  or 
unless  previously  filled  at  a  special  election.  Upon  the  failure  to 
elect  to  any  office,  except  that  of  governor  or  lieutenant-governor, 
at  a  general  or  special  election,  at  which  such  office  is  authorized  to 
be  filled,  or  upon  the  death  or  disqualification  of  a  person  elected 
to  office  before  the  commencement  of  his  official  term;  or  upon  the 


4  Thh  Election  Law  of  1896. 

occurrence  of  a  vacancy  in  any  elective  office  which  can  not  be 
filled  by  appointment  for  a  period  extending  to  or  beyond  the  next 
general  election  at  which  a  person  may  be  elected  thereto,  the  gov- 
ernor shall  make  proclamation  of  a  special  election  to  fill  such  office, 
specifying  the  district  or  county  in  which  the  election  is  to  be  held, 
and  the  day  thereof,  which  shall  be  not  less  than  twenty  nor  more 
than  forty  days  from  the  date  of  the  proclamation.  A  special  elec- 
tion shall  not  be  held  to  fill  a  vacancy  in  the  office  of  a  representa- 
tive in  congress  unless  such  vacancy  occurs  on  or  before  the  first 
day  of  July  of  the  last  year  of  the  term  of  office,  or  unless  it  occurs 
thereafter  and  a  special  session  of  congress  is  called  to  meet  before 
the  next  general  election,  or  be  called  after  October  fourteenth  of 
such  year ;  nor  to  fill  a  vacancy  in  the  office  of  state  senator,  unless 
the  vacancy  occurs  before  the  first  day  of  April  of  the  last  year  of 
the  term  of  office ;  nor  to  fill  a  vacancy  in  the  office  of  a  member  of 
assembly,  unless  occurring  before  the  first  day  of  April  in  any  year, 
unless  the  vacancy  occurs  in  either  such  office  of  senator  or  mem- 
ber of  assembly  after  such  first  day  of  April  and  a  special  session 
of  the  legislature  be  called  to  meet  between  such  first  day  of  April 
and  the  next  general  election  or  be  called  after  October  fourteenth 
in  such  year.  If  a  special  election  to  fill  an  office  shall  not  be  held 
as  required  by  law,  the  office  shall  be  filled  at  the  next  general 
election. 

Legislature  to  provide  for  filling  vacancies.  {See  State  Const.  § 
5,  art.  10,  post.) 

Vacancies  in  offices  of  judge  of  Court  of  Appeals  and  justice  of 
Supreme  Court  occurrin)?  otherwise  than  by  expiration  of  terms  to  be  filled 
at  next  general  election  happening  not  less  than  three  months  after  such 
vacancies  occur  and  until  so  filled  the  governor  may  fill  same  by  appoint- 
ment which  shall  continue  until  and  including  the  last  day  of  December 
next  after  the  election  at  which  the  vacancies  shall  be  filled.  (State  Const. 
§§  8.  4,  art.  6.  f>ost.) 

Vacancies  in  office  of  county  judge  and  surrogate  to  be  filled  in 
same  manner  as  like  vacancies  occurring  in  office  of  justice  of  supreme 
court.    (See  Stale  Const.  §  15,  art.  6.) 

nUing  other  vacancies  in  elective  offices  until  filled  by  election. 
f.S"rr  article  on  .State  and  County  Officers,  post.) 

A  newly-created  office  is  vacant  upon  the  instant  it  is  created  unless 
the  creating  power  appoints  an  officer  to  fill  it.  Thus  where  a  town  is 
divided  into  two  parts,  the  new  town  has  no  town  officers  until  the  first 
town  meeting  is  held,  when  officers  will  be  elected  to  fill  the  vacancies 
thus  existing.      (Matter  of  Collins,  16  Misc.  Rep.  598.) 


Times,  Places,  Notices,  etc.,  of  Elections.  5 

§  5-  Notices  of  elections. —  The  secretary  of  state  shall,  at  least 
three  months  before  each  general  election,  make  and  transmit 
to  the  county  clerk  of  each  county,  except  the  county  clerk  of 
the  county  of  Erie,  and  to  the  board  of  elections  of  the  city  of 
New  York,  and  to  the  commissioner  of  elections  of  the  county 
of  Erie,  a  notice  under  his  hand  and  official  seal,  stating  the 
day  upon  which  such  election  shall  be  held,  and  stating  each 
officer,  except  city,  village  and  town  officers,  who  may  be  law- 
fully voted  for  at  such  election  by  the  electors  of  such  county  or 
any  part  thereof.  If  any  such  officer  is  to  be  elected  to  fill  a 
vacancy,  the  notice  shall  so  state.  The  secretary  of  state  shall 
forthwith,  upon  the  filing  in  his  office  of  the  governor's  procla- 
mation ordering  a  special  election,  make  and  transmit  to  each 
county  clerk,  except  the  county  clerk  of  the  county  of  Erie,  and 
to  the  board  of  elections  of  the  city  of  New  York,  and  to  the 
commissioner  of  elections  of  the  county  of  Erie,  a  like  notice 
of  the  officers  to  be  voted  for  at  such  special  election  in  such 
county  or  city  or  any  part  thereof,  and  cause  such  proclamation 
to  be  published  in  the  newspapers  published  in  such  county  having 
large  circulation  therein,  at  least  once  a  week  until  such  elec- 
tion shall  be  held.  Each  county  clerk  and  in  the  county  of  Erie 
the  commissioner  of  elections,  shall  forthwith,  upon  the  receipt 
of  either  such  notice,  file  and  record  it  in  his  office,  and  shall 
cause  a  copy  of  such  notice  to  be  published  once  in  each  week 
until  the  election  therein  specified  in  the  newspapers  designated 
to  publish  election  notices.  He  shall  also  publish,  as  a  part 
of  such  notice,  each  city,  village  and  town  officer  who  mav  law- 
fully be  voted  for  at  such  election  by  the  electors  of  such  county 
or  any  part  thereof;  and  the  city,  village  and  town  clerks  of 
each  county  shall,  at  least  three  months  before  each  general 
election,  make  and  transmit  to  the  county  clerk  of  the  county, 
except  in  the  county  of  Erie,  and  in  the  county  of  Erie  to  the 
commissioner  of  elections,  a  notice  under  their  respective  hands 
and  official  seals,  stating  each  city,  village  or  town  officer  to 
be  voted  for  at  such  election.  (Thus  amended  by  chap.  95,  L. 
iqoi  ;  chap.  232,  L.  1901,  and  chap.  643,  L.  1905,  in  effect  May 
26,  1905.) 

Designation  of  newspapers  to  publish  election  notices  made  by  board  of 
supervisors  of  each  county  except  Erie  and  Kings.  (Laws  1892,  cltaf^. 
686,  §  22.) 

Designation  of  newspapers  to  publish  election  notices  reviewable  by  writ 
of  certiorari.  {People  ex  rcl.  P.  P.  Co.  V.  Martin  ct  al.,  142  N.  Y.  228.) 
The  board  of  supervisors  of  a  county  cannot  direct  the  publication  of  elec- 
tion notices  in  more  than  two  newspapers,  one  representing  each  of  the 
two  principal  political  parties.  (Matter  of  Ford  v.  Supen'isors,  92  App. 
Div.  119,  Sy  N.  Y.  Supp.  407;  appeal  dismissed.  178  N.  Y.  616.) 

When  election  notice  omits  an  office  to  be  filled,  such  omission  with  the 
name  of  a  candidate  may  be  supplied  by  the  voter.  (People  ex  rel. 
Goring  V.  President.  i:|-|  N.  Y.  616.) 

§  6.  Notice  of  submission  of  proposed  constitutional  amend- 
ments or  other  propositions  or  questions. —  Every  amendment  to 
the  constitution  proposed  by  the  legislature,  unless  otherwise  pro- 


6  The  Election  Law  of  1896. 

vided  by  law,  shall  be  submitted  to  the  people  for  approval  at  the 
next  general  election,  after  action  by  the  legislature  in  accordance 
with  "the  constitution ;  and  whenever  any  such  proposed  amend- 
ment to  the  constitution  or  other  proposition,  or  question  provided 
by  law  to  be  submitted  to  a  popular  vote,  shall  be  submitted  to  the 
people  for  their  approval,  the  secretary  of  state  shall  include  in  his 
notice  to  the  county  clerk  and  the  board  of  elections  of  the  city  of 
New  York,  and  the  commissioner  of  elections  of  the  county  of 
Erie,  of  the  general  election,  a  copy  of  such  amendment,  propo- 
sition or  question,  and  if  more  than  one  such  amendment,  propo- 
sition or  question  is  to  be  voted  upon  at  such  election,  such 
amendments,  propositions  or  questions,  respectively,  shall  be  sepa- 
rately and  consecutively  numbered.  If  such  amendment,  propo- 
sition or  question  is  to  be  submitted  at  a  special  election,  the 
secretary  of  state  shall,  at  least  twenty  days  before  the  election, 
make  and  transmit  to  each  county  clerk  and  the  board  of  elec- 
tions of  the  city  of  New  York  and  the  commissioner  of  elec- 
tions of  the  county  of  Erie,  a  like  notice.  Each  county  clerk  and 
the  said  commissioner  of  elections  shall,  forthwith  upon  the  re- 
ceipt of  such  notice,  file  and  record  it  in  his  office,  and  shall 
cause  a  copy  of  such  notice  to  be  published  once  a  week  until 
the  election  therein  specified,  in  the  newspapers  designated  to 
publish  election  notices.  {Thus  amended  by  chap.  95,  L.  1901, 
and  chap.  643.  L.   1905.  in  effect  May  26,  1905.) 

§  7.  Publication  of  concurrent  resolutions,  proposed  constitu- 
tional amendments  and  other  propositions. — The  secretary  of  state 
shall  cause  each  concurrent  resolution  of  the  two  houses  of  the 
legislature,  agreeing  to  a  proposed  amendment  to  the  constitution. 
which  is  referred  to  the  legislature  to  be  chosen  at  the  next  gen- 
eral election  of  senators,  to  be  published  once  a  week  for  three 
months  next  preceding  such  election,  in  two  newspapers  published 
in  each  county,  representing  the  two  political  parties  polling  the 
highest  number  of  votes  at  the  then  last  preceding  general  election, 
and  in  one  additional  newspaper  published  in  each  county  for  every 
one  hundred  thousand  people  in  such  county,  as  shown  by  the  then 
last  preceding  federal  or  state  enumeration.  Such  additional 
newspapers  shall  be  selected  by  the  secretary  of  state  with  reference 
to  making  such  publication  in  newspapers  having  the  largest  circu- 
lation in  the  county  in  which  they  are  published.  If  such  reso- 
lution does  not  state  that  such  proposed  amendment  is  so  referred 
to  such  legislature,  the  secretary  of  state  shall  publish,  in  connec- 
tion with  the  publication  of  such  concurrent  resolution,  a  statement 
that  such  amendment  is  referred  to  the  legislature  to  be  chosen  at 
the  next  general  election.  The  secretary  of  state  shall  cause  such 
proposed  amendment  to  the  constitution  or  other  proposition  or 


Times,  Places,  Notices,  etc.,  of  Elections.  7 

question,  which  is  by  law  to  be  submitted  to  the  electors  of  the 
state  at  a  general  or  special  election,  to  be  published  for  a  like 
period  before  such  election  in  newspapers  selected  in  like  manner, 
together  with  a  brief  statement  of  the  law  or  proceedings  authoriz- 
ing such  submission,  the  fact  that  such  submission  will  be  made 
and  the  reading  form  in  which  it  is  to  be  submitted.  If  such  pro- 
posed amendment  or  other  proposition  or  question  is  to  be  sub- 
mitted at  a  special  election,  to  be  held  less  than  three  months  from 
the  time  of  appointing  it,  the  first  publication  in  each  newspaper 
shall  be  made  as  soon  as  practicable  after  such  appointment,  and 
shall  continue  once  in  each  week  to  the  time  of  the  election. 

Constitutional  amendments  to  be  agreed  to  by  two  successive  legislatures  and 
published  for  three  months.     {Const,  art.  14,  ^  1,  post.) 

Laws  creating  debt  to  be  submitted  to  people.     {Canst,  art.  7,  §  /^,  post.) 

§  8.  Creation,  division  and  alteration  of  election  districts. — 

Every  town  or  ward  of  a  city  not  subdivided  into  election  districts 
shall  be  an  election  district.  The  town  board  of  every  town  con- 
taining more  than  four  hundred  electors,  and  the  common  council 
of  every  city  except  New  York  and  Buffalo,  in  which  there  shall 
be  a  ward  containing  more  than  four  hundred  electors,  shall,  on  or 
before  the  first  day  of  July  in  each  year,  whenever  necessary  so  to 
do,  divide  such  town  or  ward  respectively  into  election  districts, 
each  of  which  shall  be  compact  in  form,  wholly  within  the  town  or 
ward,  and  shall  contain  respectively  as  near  as  may  be,  four  hun- 
dred electors,  but  no  such  ward  or  town  shall  be  again  divided 
into  election  districts  until,  at  some  general  election,  the  number 
of  votes  cast  in  one  or  more  districts  thereof  shall  exceed  six  hun- 
dred; and  in  such  case  the  redivision  shall  apply  only  to  the  town 
or  ward  in  which  such  district  is  situated.  If  any  part  of  a  city 
shall  be  within  a  town,  the  town  board  shall  divide  into  election 
districts  only  that  part  of  the  town  which  is  outside  of  the  city. 
No  election  district  including  any  part  of  a  city  shall  include  any 
part  of  a  town  outside  of  a  city.  A  town  or  ward  of  a  city  con- 
taining less  than  four  hundred  electors  may,  at  least  thirty  days 
before  the  election  or  appointment  of  inspectors  of  election  of 
such  town  or  ward,  be  divided  into  election  districts  by  the  board 
or  other  body  charged  with  such  duty  when,  in  the  judgment  of 
such  board  or  body,  the  convenience  of  the  electors  shall  be  pro- 
moted thereby.    The  creation,  division  or  alteration  of  an  election 


8  The  Election  Law  of  1896. 

district  outside  of  a  city  shall  take  effect  immediately  after  the 
next  town  meeting,  and  at  such  next  town  meeting  inspectors  of 
election  shall  be  elected  for  each  election  district  as  constituted 
by  such  creation,  division  or  alteration.    If  the  creation,  division 
or  alteration  of  an  election  district  is  rendered  necessary  by  the 
creation,  division  or  alteration  of  a  town,  or  ward  of  a  city,  it  shall 
take  effect  immediately,  but  a  new  town  or  ward  shall  not  be 
created,  and  no  new  town  or  ward  shall  be  subdivided  into  elec- 
tion districts  between  the  first  day  of  August  of  any  year,  and  the 
day  of  the  general  election  next  thereafter.    If  inspectors  are  not 
elected  or  appointed  for  such  district  outside  of  a  city  before  Sep- 
tember the  first  next  thereafter,  the  town  board  of  the  town  shall 
appoint  four  inspectors  of  election  for  such  district.     If  a  town 
shall  include  a  city,  or  a  portion  of  a  city,  only  such  election  dis- 
tricts as  are  wholly  outside  of  the  city  shall  be  deemed  election 
districts  of  the  town,  except  for  the  purpose  of  town  meetings. 
The  board  of  elections  of  the  city  of  New  York  and  in  the  city 
of  Buffalo  the  commissioner  of  elections  shall  divide  such  city 
into  election  districts  on  or  before  the  first  day  of  July  in  any 
year  whenever  necessary   so  to  do  as  herein  provided.      The 
election  districts  existing  pursuant  to  the  provisions  of  law  in  the 
counties  within  the  city  of  New  York,  shall  continue  with  their 
present  boundaries,  so  far  as  possible,  until  at  some  general  or 
city  election  the  number  of  registered  electors  therein  shall  exceed 
five    hundred,    provided,    however,    that    any    election    district 
containing  less  than  seventy-five  electors  in  such  counties,  made 
necessary    by   the    crossing   of   congressional    lines    with   other 
political  divisions,  may  be  consolidated  with  contiguous  election 
districts  in  any  year  when  no  representative  in  congress  is  to  be 
voted  for  in  such  district.     On  or  before  the  first  day  of  July  in 
every  year  the  board  of  elections  of  the  city  of  New  York  shall 
divide  each  election  district  of  said  city  which  contains  more  than 
five  hundred  electors,  as  shown  by  the  registration  of  electors  for 
the  election  of  the  preceding  year,  into  two  or  more  election  dis- 
tricts.     Such  election  districts  so  established  in  the  city  of  New 
York  shall  not  again  be  changed  until  at  some  general  election 
the  number  of  registered  electors  therein  shall  exceed  five  hun- 
dred, except  where  changes  are  made  necessary  by  a  change  in 
the  boundaries  of  congressional,  senate,  assembly  or  municipal 
court  districts  or  ward  lines,  provided,  however,  that  when  the 


Times,  Places,  Notices,  etc.,  of  Elections.  9 

number  of  registered  electors  in  any  election  district  shall  for  two 
consecutive  years,  be  less  than  two  hundred  and  fifty,  such  dis- 
trict may  be  consolidated  with  contiguous  election  districts  in  the 
discretion  of  said  board  of  elections.  In  that  portion  of  the  city 
of  New  York  within  the  county  of  New  York  each  election  dis- 
trict shall  be  compact  in  form,  entirely  within  an  assembly  district 
and  numbered  in  consecutive  order  therein  respectively.  In  that 
portion  of  the  city  of  New  York  outside  the  county  of  New  York 
each  election  district  shall  be  compact  in  form,  entirely  within  a 
ward  and  numbered  in  consecutive  order  therein  respectively. 
No  election  district  shall  contain  portions  of  two  counties,  or  two 
senate  or  assembly  districts  or  two  wards.  Each  town  and  each 
part  of  a  town  included  in  the  city  of  New  York,  as  constituted 
by  the  Greater  New  York  charter,  shall  be  respectively  deemed 
to  be  a  ward  within  the  meaning  of  this  section.  ( Thus  amended 
by  chap.  95,  L.  1901 ;  chap.  644,  L.  1903 ;  chap.  643,  L.  1905,  in 
effect  May  26,  1905,  and  chap.  675,  in  effect  June  i,  1905.) 

Division  of  towns  into  joint  election  districts  for  the  purpose  of  hold- 
ing town  meetings  may  be  made  upon  vote  of  electors  on  written  application  of 
twenty-five  electors.     (See  Tcnun  Laws.  §  i,  post.) 

§  9.  Maps  and  certificates  of  boundaries  of  election  districts. — • 
When  a  ward  of  a  city  or  an  assembly  district  within  a  city  shall 
be  divided  into  two  or  more  election  districts,  the  officers  or 
board  creating,  dividing  or  altering  such  election  districts,  shall 
forthwith  make  a  map  or  description  of  such  division,  defining  it 
by  known  boundaries,  and  cause  such  map  or  description  to  be 
kept  open  for  public  inspection  in  the  office  of  the  city  clerk, 
and  cause  copies  thereof  to  be  posted  not  less  than  ten  days 
prior  to  the  first  day  of  registration  in  each  year,  in  at  least  ten 
of  the  most  public  places  in  each  election  district  so  created, 
divided  or  altered,  and  shall,  prior  to  every  election,  furnish 
copies  of  such  map  or  description  to  the  inspectors  of  election 
in  each  election  district  of  such  ward  or  assembly  district.  The 
copies  furnished  to  the  inspectors  of  election  shall  have  printed 
on  each  or  affixed  to  each  in  some  secure  way  the  list  of  places 
designated  pursuant  to  section  ten  as  places  at  which  the  meet- 
ings for  the  registration  of  electors  and  the  election  shall  le 
held  during  the  year  within  such  ward  or  assembly  district. 
The  officers  creating,  dividing  or  altering  an  election  district 
in  a  town  shall  forthwith  make  a  certificate  or  map  thereof,  ex- 
hibiting the  districts  so  created,  divided  or  altered,  and  their 
numbers  respectively,  and  file  the  same  in  the  county  clerk's 
office  except  in  the  county  of  Erie,  and  in  the  county  of  Erie  in  the 
office  of  the  commissioner  of  elections,  and  a  copy  thereof  in  the 
town  clerk's  office,  and  cause  copies  of  the  same  to  be  posted  in 


10  The  Election  Law  of  1896. 

at  least  five  of  the  most  public  places  in  each  election  district  of 
such  town,  and  the  county  clerk  or  commissioner  of  elections  as 
the  case  may  be.  shall,  prior  to  every  general  election,  furnish 
copies  of  such  maps  or  certificates  to  the  inspectors  of  election  in 
each  election  district  of  such  town,  provided  such  election  district 
is  not  coterminous  with  the  town  lines.  (Thus  amended  by  chap. 
89,  L.  1902,  and  chap.  643,  L.  1905,  in  effect  May  26,  1905.) 

^  10.  Designation  of  places  for  re^stry  and  voting,  publication 
of  same ;  and  provision  of  furniture  therefor. —  On  the  first  Tues- 
day of  September  in  each  year,  the  town  board  of  each  town,  and 
the  common  council  of  each  city,  except  New  York  and  Buffalo, 
and  the  board  of  elections  of  the  city  of  New  York,  shall  designate 
the  place  in  each  election  district  in  the  city  or  town  at  which  the 
meeting  for  the  registration  of  electors  and  the  election  shall  be 
held  during  the  year.  In  the  city  of  Bufifalo  the  commissioner 
of  elections  shall  designate  such  places  for  registry  and  election 
on  the  first  Monday  in  August  in  each  year.  Each  room  so 
designated  shall  be  of  a  reasonable  size,  sufficient  to  admit  and 
comfortably  accommodate  at  least  ten  electors  at  the  time  outside 
of  the  guard  rail.  No  building,  or  part  of  a  building,  shall  be  so 
designated  in  any  city  if  within  thirty  days  before  such  designa- 
tion, intoxicating  liquors,  ale  or  beer,  shall  have  been  sold  in  any 
part  thereof.  No  room  shall  be  designated  elsewhere  in  a  city, 
if  within  thirty  days  before  such  designation,  intoxicating  liquors, 
ale  or  beer,  shall  have  been  sold  in  such  rooms,  or  in  a  room  ad- 
joining thereto,  with  a  door  or  passage-way  between  the  two 
rooms.  No  intoxicating  liquors,  ale  or  beer  shall  be  sold  in 
such  building  in  a  city  or  such  room  or  adjoining  room  else- 
where after  such  designation  and  before  the  general  election 
next  thereafter,  or  be  allowed  in  any  room  in  which  an  election 
is  held  during  the  day  of  election  or  canvass  of  the  votes.  Any 
person  or  persons  violating  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor.  If  any  place  so  designated 
shall  thereafter  and  before  the  close  of  the  election  be  destroyed, 
or  for  any  reason  become  unfit  for  use,  or  can  not  for  any 
reason  be  used  for  such  purpose,  the  officers  charged  with  the 
designation  of  a  place  for  such  election  shall  forthwith  desig- 
nate some  other  suitable  place  for  holding  such  election.  Not 
more  than  one  polling  place  shall  be  in  the  same  room,  and 
not  more  than  two  polling  places  shall  be  in  the  same  build- 
ing. The  officers  authorized  to  designate  such  places  in  any 
town  or  city  shall  provide  for  each  polling  place  at  such 
election,  the  necessary  ballot  and  other  boxes,  guard  rails, 
voting  booths  and  supplies  therein,  and  the  other  furniture 
of  such  polling  place,  necessary  for  the  lawful  conduct  of  each 


Times,  Places,  Notices,  etc.,  of  Elections.  ir 

election  thereat,  shall  preserve  the  same  when  not  in  use,  and 
shall  deliver  all  such  ballot  and  other  boxes  for  each  polling  place, 
with  the  keys  thereof,  to  the  inspectors  of  each  election  district 
at  least  one-half  hour  before  the  opening  of  the  polls  at  each 
election.  The  officers  authorized  to  designate  the  registration  and 
polling  places  in  any  city,  except  the  city  of  New  York,  shall 
cause  to  be  published  in  two  newspapers  within  such  city  a  list  of 
such  places  so  designated,  and  the  boundaries  of  each  election  dis- 
trict in  which  such  registration  and  polling  place  is  located.  Such 
publication  shall  be  made  in  the  newspapers  so  selected  upon  each 
day  of  registration  and  the  day  of  election,  and  on  the  day  prior  to 
each  such  days.  One  of  such  newspapers  so  selected  shall  be  one 
which  advocates  the  principles  of  the  political  party  polling  the 
highest  number  of  votes  in  the  state  at  the  last  preceding  election 
for  governor,  and  the  other  newspaper  so  designated  shall  be  one 
which  advocates  the  principles  of  the  political  party  polling  the 
next  highest  number  of  votes  for  governor  at  said  election.  The 
board  of  elections  of  the  city  of  New  York  shall  cause  to  be  pub- 
lished in  two  newspapers  in  each  borough  within  such  city  a  list 
of  the  registration  and  polling  places  so  designated  in  each  bor- 
ough and  the  boundaries  of  each  election  district  therein  in  which 
such  registration  and  polling  place  is  located ;  except  that  in  the 
borough  of  Brooklyn,  such  publication  shall  be  made  in  the  news- 
papers designated  to  publish  corporation  notices  therein ;  and  ex- 
cept also  that  in  the  borough  of  Manhattan  such  publication  shall 
be  made  in  four  daily  newspapers  published  in  the  borough  of 
Manhattan  which  advocate  the  principles  of  the  political  party 
polling  the  highest  number  of  votes  in  the  state  at  the  last  pre- 
ceding election  for  governor,  and  also  in  four  daily  newspapers 
published  in  the  borough  of  Alanhattan  which  advocate  the  prin- 
ciples of  the  political  party  polling  the  next  highest  number  of 
A'otes  for  governor  at  said  election,  and  shall  include  the  list  of 
such  registration  and  polling  places  and  their  boundaries,  in  the 
county  of  New  York.  Such  publication  shall  be  made  in  such 
newspapers  upon  each  day  of  registration  and  the  day  of  election 
and  on  the  day  prior  to  each  of  such  days.  Such  publications 
shall  be  made  in  newspapers  published  in  such  boroughs  which 
shall  respectively  advocate  the  principles  of  the  political  party 
which  at  the  last  preceding  election  for  governor  respectivelv  cast 
the  largest  and  next  largest  number  of  votes  in  the  state  for  such 
office.  The  said  board  shall  also  cause  to  be  published  in  the  City 
Record  on  or  before  the  first  day  of  registration  in  each  year  a 
complete  list  of  all  the  registration  and  polling  places  so  desig- 
nated and  the  boundaries  of  the  election  districts  in  which  such 
places  are  located  arranged  in  numerical  order  under  the  desig- 
nation of  the  respective  boroughs  in  which  they  are  located.     In 


12  The  Election  Law  of  1896. 

selecting  the  newspapers  in  which  such  pubHcations  are  to  be 
made  the  said  board  shall  keep  in  view  the  object  of  giving  the 
widest  publicity  thereto.  {Thus  amended  by  chap.  95.  L.  1901, 
chap.  197,  L.  1903.  chap.  29,  L.  1904,  and  chap.  643,  L.  1905,  in 
effect  May  26,  1905.) 

Supplies  for  poUiag  places — Ballots,  cards  of  instruction,  poll  books,. 

distance  markers,  tally  sheets,  inspector's  and  ballot  clerk's  returns  and 
articles  of  stationery  to  be  supplied  by  ofificers  designated  in  Election 
Law.     {See  §  80,  Election  Lazi.<.) 

Cards  and  markers  not  to  be  taken  down — The  instruction  cards  and 
distance  markers  posted  as  provided  by  law  shall  not  be  taken  down,  torn 
nor  defaced  during  such  election.     (See  §  100,  Election  Law.) 

liocal  bills  designating  places  of  voting  not  to  be  passed  by  legisla- 
ture.    (Const,  art.  3.  §  18,  subd.  9.) 

But  this  prohibition  does  not  apply  to  amendments  of  statutes  in 
force  prior  to  adoption  of  constitution  provision.  (People  ex  rel.  Lardner 
V.  Carson,  10  Misc.  2^"/.) 

Liquor  selling  within  one-quarter  of  a  mile  of  and  while  polls  are  open 
a  misdemeanor.     {Laws  1896,  chap.  112,  §§  31,  34.) 

Removal,  mutilation,  etc.,  of  public  copy  of  registration — "Any 
person  who  shall  alter,  mutilate,  destroy  or  remove  from  the  place  of 
registration  the  public  copy  of  such  registration,  shall  be  guilty  of  a  felony, 
and  shall  be  punished  upon  conviction,  thereof  by  imprisonment  in  a  state 
prison  for  not  less  than  two  nor  more  than  five  years,  unless  otherwise 
provided  by  law."     {Subd.  2,  §  35,  Election  Law.) 

Penalty  for  removal,  mutilation  or  destruction  of  election  booths,  sup- 
plies, etc.     [See  §  41,  Penal  Code,  post.) 

§  II.  *Snbdi vision  i.  Election  officers;  designation,  number  and 
qualifications. — There  shall  be  in  every  election  district  of  this 
state  the  following  election  officers,  namely,  four  inspectors,  two 
poll  clerks  and  two  ballot  clerks,  whose  term  of  office,  except  as 
hereinafter  prescribed,  shall  be  for  one  year  from  the  date  of  their 
appointment  or  election,  and  who  shall  serve  at  every  general  elec- 
tion, special  or 'Other  election  held  within  their  districts  during' 
such  term.  The  term  of  office  of  inspectors  of  election  in  towns  shall 
be  for  tzvo  years.  No  person  shall  be  appointed  or  elected  an  in- 
spector of  election,  poll  clerk  or  ballot  clerk  who  is  not  a  qualified 
elector  of  the  county  if  within  the  city  of  New  York  or  of  any  other 
city  or  of  the  election  district  of  the  town  in  which  he  is  to  serve, of 
good  character,  able  to  speak  and  read  the  English  language  un- 
derstandingly,  and  to  write  it  legibly,  and  who  does  not  possess  a 
general  knowledge  of  the  duties;of  the  office  to  which  he  is  elected 
or  appointed,  or  who  is  a  candidate  for  any  office  to  be  voted 
for   by   the  electors   of   the   district   in   which    he   is   to   serve, 

•  Thus  amended  by  chaps.  95  and  5^6,  L.  looi.  Words  in  italics  show  the  amendment  of 
this  section  by  chap.  536,  L.  1901,  which  said  amendment  omitted  subdivision  two  of  said 
sections  herein  printed. 


Times,  Places,  Notices,  etc.,  of  Elections.  12a 

or,  who  has  been  convicted  of  a  felony  and  not  restored  to  citizen- 
ship, or  who  holds  any  public  office  except  notary  public  or  com- 
missioner of  deeds,  town  or  village  assessor,  justice  of  the  peace, 
village  trustee,  water  commissioner,  officer  of  a  school  district, 
overseer  of  highway,  whether  elected  or  appointed  or  who  is  em- 
ployed in  any  public  office  or  by  any  public  officer  whose  services 
are  paid  for  out  of  the  public  money  other  than  is  excepted  herein. 
Each  class  of  such  officers  shall  be  equally  divided  between  the 
two  political  parties  which  at  the  general  election  next  preceding 
that  for  which  such  officers  are  to  serve,  cast  the  highest  and  the 
next  highest  number  of  votes.  Where  election  officers  are  ap- 
pointed the  qualifications  required  of  them  by  this  section  shall  be 
determined  by  an  examination  by  or  under  the  direction  of  the 
appointing  board  or  officer.    (Thus  amended  by  chap.  536,  L.  1901.) 

Subdivision  2.  Boards  of  elections  established. — a.  There  shall 
be,  and  there  is  hereby  established,  a  board  of  elections  in  every 
city  of  the  first  class  in  this  state  which  does,  or  shall,  contain 
within  its  boundaries  one  or  more  counties.  The  said  board  shall 
consist  of  four  persons  to  be  known  and  designated  as  commis- 
sioners of  elections.  Each  of  the  said  boards  of  elections  shall 
be  and  are  hereby  charged  with  the  duty  of  executing  the  pro- 
visions of  the  laws  relating  to  all  elections  held  jwithin  their  re- 
spective cities,  except  as  otherwise  provided  by  law. 

b.  All  such  commissioners  of  elections  shall  be  appointed  by 
the  mayor  of  the  city,  and  shall  hold  office  for  a  term  of  two  years, 
except  as  hereinafter  provided.  Each  of  the  said  commissioners 
of  elections  shall  be  at  the  time  of  his  appointment  a  resident  of 
and  a  qualified  elector  of  such  city.  No  commissioner  of  elec- 
tions shall  hold  any  other  office,  except  commissioner  of  deeds  or 
notary  public,  during  his  term  of  office,  nor  shall  he  be  a  candidate 
for  any  elective  office  during  such  term,  and  any  votes  cast  for 
any  person  for  office,  who  shall  have  been  a  commissioner  of  elec- 
tions within  one  hundred  days  of  the  election  at  which  such  votes 
were  cast,  shall  be  void  and  shall  not  be  counted.  A  commis- 
sioner of  elections  may  be  removed  from  office  by  the  governor 
for  cause  in  the  same  manner  as  a  sheriff.  Any  vacancy  in  the 
office  of  commissioner  of  elections  shall  be  filled  by  the  mayor  of 
the  city  within  five  days  after  the  vacancy  has  been  created,  and 
the  person  appointed  to  fill  such  vacancy  shall  hold  office  during 
the  balance  of  the  term  of  the  commissioner  in  whose  place  he  was 
appointed.  At  their  first  meeting  the  commissioners  of  elections 
shall  organize  as  a  board  by  electing  one  of  their  number  as  presi- 
dent and  one  as  secretary,  and  in  case  no  election  can  be  had  the 
members  shall  draw  lots  for  such  places.     The  board  shall  have 


i2b  The  Election  Law  of  1896. 

power  to  adopt  such  rules  and  regulations  for  the  control  and  con- 
duct of  the  affairs  of  such  board  and  of  its  employes  as  are  not 
inconsistent  with  or  in  violation  of  law.  The  board  shall  keep  a 
record  of  their  proceedings  and  shall  make  an  annual  report  in 
the  month  of  December  of  the  affairs  and  proceedings  of  said 
board  to  the  mayor  of  the  city. 

c.  Within  ten  "days  after  this  act  shall  take  effect  the  mayor  of 
the  city  of  New  York  shall  appoint  four  persons  as  commissioners 
of  elections,  each  of  whom,  at  the  time  of  his  appointment,  shall 
be  a  resident  and  qualified  elector  of  the  city  of  New  York,  and 
not  more  than  two  of  whom  shall  belong  to  the  same  political 
party,  or  be  of  the  same  political  opinion  on  state  or  national 
politics.  The  term  of  office  of  the  commissioners  so  appointed 
shall  be  from  the  date  of  their  appointment  to  twelve  o'clock 
noon  of  January  first,  nineteen  hundred  and  three,  or  until  their 
successors  have  qualified.  Upon  the  expiration  of  the  term  of 
office  of  the  commissioners  first  appointed,  and  every  two  years 
thereafter,  the  mayor  of  the  city  of  New  York  shall  appoint  four 
persons  as  commissioners  of  elections  for  the  full  terrn  of  two 
years,  each  of  whom  shall  be  as  above  provided  a  resident  and 
qualified  elector  of  the  city  of  New  York  and  not  more  than  two 
of  whom  shall  belong  to  the  same  political  party  or  be  of  the 
same  political  opinion  on  state  or  national  politics.  The  salary 
of  each  commissioner  of  elections  shall  be  five  thousand  dollars 
a  year,  payable  in  equal  monthly  installments. 

d.  Within  five  days  after  this  act  takes  effect,  the  respective 
chairmen  of  the  county  committees,  within  the  counties  of  New 
York  and  Kings,  of  each  of  the  two  political  parties  which  at  the 
general  election  held  in  the  year  nineteen  hundred  cast  the  high- 
est and  the  next  highest  number  of  votes  for  governor,  shall  each 
respectively  file  or  cause  to  be  filed  with  the  mayor  of  the  city  of 
New  York  a  certificate,  duly  executed  over  the  signature  of  the 
chairman  who  makes  the  same,  which  certificate  shall  certify  to 
the  mayor  of  such  city  the  name  of  a  person  who  is  a  resident 
and  qualified  elector  of  the  city  of  New  York  and  who  shall  be 
recommended  by  the  chairman  making  such  certificate  as  being 
in  his  opinion,  and  in  the  opinion  of  the  committee  of  which  he 
is  the  chairman,  a  fit  and  proper  person  to  be  appointed  a  com- 
missioner of  elections.  Each  of  such  four  certificates  shall  be  sub- 
stantially in  the  following  form,  to-wit: 

"  To  Honorable , 

Mayor  of  the  City  of  New  York. 

I    ,  chairman  of  the  county  committee  of 

the party,  for  the  county  of , 

do  hereby,  in  accordance  with  the  provisions  of  paragraph  d  of 
subdivision  two  of  section  eleven  of  the  election  law,  certify  that 


Times,  Places,  Notices,  etc.,  of  Elections.         12c 

in  my  opinion  and  in  the  opinion  of  the  said  committee, , 

a  resident  and  quahfied  elector  of  the  borough  of ,  city 

of  New  York,  is  a  fit  and  proper  person  to  be  appointed  a  com- 
missioner of  elections,  and  I  do  hereby  recommend  him  for  ap- 
pointment to  said  office.  In  witness  whereof,  I  have  made  and 
executed  this  certificate,  this day  of 19.  ." 

Each  of  such  certificates  shall  be  duly  acknowledged  by  the 
person  executing  the  same,  before  a  notary  public  or  other  officer 
authorized  to  take  acknowledgments  to  deeds  for  record  in  this 
state.  At  least  five  days  before  the  first  day  of  January,  nine- 
teen hundred  and  three,  and  at  least  five  days  before  the  first  day 
of  January  of  each  second  year  thereafter,  the  respective  chair- 
men of  the  county  committees,  within  the  counties  of  New  York 
and  Kings,  of  each  of  the  two  political  parties  which  at  the  gen- 
eral election  last  preceding  the  date  of  such  certificate  cast  the 
highest  and  the  next  highest  number  of  votes  for  governor,  shall 
each  respectively  make  and  file  or  cause  to  be  filed  with  the  mayor 
of  the  city  of  New  York,  a  certificate  in  substantially  the  form 
and  executed  and  acknowledged  as  above  provided,  each  of 
which  four  certificates  shall  respectively  certify  the  name  of  a  per- 
son who  is  a  resident  and  qualified  elector  of  the  city  of  New  York 
and  who  is  recommended  as  a  fit  and  proper  person  to  be  ap- 
pointed a  commissioner  of  elections  for  the  term  of  two  -years 
beginning  with  the  first  day  of  January  next  ensuing.  If  at  any 
time  a  vacancy  arises  in  the  office  of  commissioner  of  elections, 
through  death,  resignation,  removal  or  inability  to  serve,  the 
chairman  of  the  county  committee  of  the  political  party  to  which 
the  commissioner  creating  such  vacancy  belonged,  for  the  county 
of  New  York,  if  the  commissioner  creating  such  vacancy  was  a 
resident  of  the  borough  of  Manhattan  or  of  the  borough  of  the 
Bronx  of  said  city,  or  for  the  county  of  Kings  if  the  commissioner 
creating  such  vacancy  was  a  resident  of  any  other  borough  of 
said  city,  shall  make  and  file  or  cause  to  be  filed  with  the  mayor  of 
the  city  of  New  York,  a  certificate  in  substantially  the  form  and 
executed  and  acknowledged  as  above  provided,  certifying  and 
recommending  the  name  of  a  person,  who  is  a  resident  and  quali- 
fied elector  of  said  city,  as  a  fit  and  proper  person  to  be  appointed 
a  commissioner  of  elections  for  the  unexpired  term  of  the  commis- 
sioner creating  such  vacancy.  At  least  two  days  time,  after  a 
vacancy  has  been  created,  for  the  making  and  filing  of  the  certifi- 
cate above  provided  for,  shall  be  afforded  by  the  mayor,  before 
making  any  appointment  to  fill  such  vacancy,  to  the  person  upon 
whom  the  duty  is  imposed  hereunder  to  make  said  certificate  and 
file  the  same  or  cause  the  same  to  be  filed. 

e.  Each  and  every  certificate  filed  with  the  mavor  of  the  city  of 
New  York  in  pursuance  of  the  provisions  of  this  act,  shall  be  kept 


T2d  The  Election  Law  of  1896. 

by  the  mayor  in  some  safe  and  'secure  place  in  his  office,  ana  shall 
be  a  public  record  open  at  all  reasonable  hours  to  the  inspection 
of  any  person  who  may  desire  to  see  the  same,  it  being  the  inten- 
tion of  this  act,  and  said  intention  is  hereby  declared,  to  secure 
in  the  appointment  of  the  members  of  the  board  of  elections 
established  by  this  act,  equal  representation  of  the  two  political 
parties  which  at  the  general  election  next  preceding  such  appoint- 
ment cast  the  highest  and  the  next  highest  number  of  votes  for 
governor,  and  the  committees  and  chairmen  of  committees  of 
which  political  parties  have  been  duly  elected  as  such  under  and 
in  pursuance  of  the  provisions  of  the  primary  election  law. 

f.  The  bureau  in  the  police  department  of  the  city  of  New  York, 
heretofore  known  and  designated  as  the  general  bureau  of  elec- 
tions, and  the  branches  of  said  general  bureau  in  the  boroughs  of 
the  Bronx,  Brooklyn,  Richmond  and  Queens,  together  with  the 
office  of  superintendent  of  elections  of  the  city  of  New  York,  and 
the  offices  of  the  chiefs  of  the  branch  bureaus  of  elections  in  said 
respective  boroughs,  are  hereby  abolished,  and  all  of  the  rights, 
powers,  authority,  duties  and  obligations  immediately  heretofore 
by  law  vested  in  and  imposed  upon  the  said  bureau  and  branch 
bureaus,  together  with  every  right,  power,  authority,  duty  and 
obligation  immediately  heretofore  by  law  vested  in  and  imposed 
upon  the  police  board  of  the  city  of  New  York,  its  successor  or 
successors,  with  respect  to  general,  special  or  primary  elections, 
shall  forthwith  by  force  of  and  as  an  effect  of  this  chapter  be 
transferred  to,  imposed  upon  and  continued  in  the  board  of  elec- 
tions of  the  city  of  New  York  hereby  created. 

g.  All  books,  documents,  papers,  records  and  election  appli- 
ances or  appurtenances  held  or  used  by  or  under  the  control  of 
the  superintendent  of  elections  and  the  chiefs  of  the  branch 
bureaus  of  elections  or  under  the  control  of  the  police  board  of 
the  city  of  New  York,  its  successors,  or  successor,  shall  be  trans- 
ferred to  the  care,  custody  and  control  of  the  board  of  elections 
upon  demand  by  said  board. 

h.  So  far  as  practicable  and  necessary  the  chief  clerks,  clerks, 
assistant  clerks  and  stenographers  attached  to  and  in  the  service 
of  the  general  bureau  of  elections  of  the  city  of  New  York  and  of 
the  branches  of  said  general  bureau  in  the  respective  boroughs 
at  the  time  this  act  shall  take  effect  shall  be  continued  in  the  ser- 
vice and  employment  of  the  board  of  elections  with  the  same  sal- 
aries and,  so  far  as  practicable,  the  same  duties  until  the  first  day 
of  April,  nineteen  hundred  and  one,  unless  otherwise  provided  by 
the  board  of  elections,  which  board  shall  have  power  to  fix  the 
number,  salaries,  duties  and  rank  of  such  chief  clerks,  clerks,  as- 
sistant clerks  and  stenographers  and  to  appoint  and  remove  and 
to  fix  the  salaries  of  all  employes  of  said  board. 


Times.  Places,  Notices,  etc.,  of  Elections.  i2e 

i.  The  board  of  elections  shall  have  power  to  provide  and  main- 
tain an  office  for  such  board  in  the  borough  of  Manhattan  which 
shall  be  the  headquarters  of  said  board,  and  to  furnish  the  same 
with  necessary  furniture  and  office  fixtures,  and  shall  also  provide, 
maintain  and  furnish  an  office  in  each  other  borough  of  the  city 
of  New  York  and  shall  place  the  same  in  the  charge  of  a  com- 
petent person.  The  general  office  of  the  board  of  elections  shall, 
until  otherwise  located  with  the  consent  of  the  board  of  elections, 
be  located  at  police  headquarters,  in  the  borough  of  Manhattan 
which  shall  be  the  headquarters  of  the  said  board  as  hereinbefore 
provided,  and  the  several  branch  offices  of  the  board  of  elections 
shall  continue  to  be  located  in  the  rooms  now  occupied  by  them 
in  the  various  boroughs  of  the  city  of  New  York,  or  be  removed 
to  other  suitable  locations  in  the  respective  boroughs.  Said 
board  of  elections  shall  have  full  and  complete  control  of  the 
said  branch  offices  of  the  board  of  elections  and  of  all  the  offices, 
employes,  afifairs  and  administration  of  said  branch  offices. 
Every  report,  statement,  certificate,  document  or  paper  which 
was  immediately  heretofore  by  the  election  law  required  or  pro- 
vided to  be  made,  transmitted,  rendered  or  delivered  to  or  filed 
with  the  board  of  police  or  superintendent  of  elections  in  the  city 
of  New  York,  is  hereby  required  to  be  made,  transmitted,  rend- 
ered or  delivered  to  or  filed  with  the  said  board  of  elections. 
Every  provision  of  law  relating  to  the  doing  of  such  acts  or  to  the 
making  and  transmitting,  rendering,  delivering  or  filing  such  re- 
ports, statements,  certificates,  notices,  documents  or  papers  or  to 
the  effect  thereof,  or  providing  that  other  things  shall  be  done 
in  conjunction  therewith  or  consequent  thereon,  shall,  with  the 
same  force  and  effect  apply  to  and  operate  upon  the  doing  of  such 
acts  bv  the  board  of  elections,  and  the  making,  transmitting, 
rendering,  delivering  or  filing  of  such  reports,  statements,  certifi- 
cates, notices,  documents  or  papers  with  said  board.  It  shall  be 
the  duty  of  the  commissioner  of  police  and  the  officers  and  mem- 
bers of  the  police  force,  v/henever  called  upon  by  the  board  of 
elections  to  render  to  said  board  all  practicable  assistance  in  the 
enforcement  of  the  election  and  the  primary  election  law,  includ- 
ing the  use  of  the  police  telephone  service.  The  commissioner 
of  police  shall  detail  to  the  service  of  the  board  of  elections  upon 
its  written  request  such  patrolmen  and  other  members  of  the 
police  force  as  may  be  necessary  from  time  to  time  for  the  faithful 
performance  bv  said  board  of  its  functions  and  duties.  All  copies 
of  police  reports  to  commanding  officers  of  precincts  under  sub- 
division three,  of  section  thirty-two.  of  the  election  law.  shall  be 
forthwith  transmitted  by  the  precinct  commander  to  the  board  of 
elections.  All  statements  of  canvass  delivered  to  any  officer  m 
command  of  a  precinct  under  subdivision  three,  of  section  one 


I2f  The  Election  Law  of  1896. 

hundred  and  ten,  of  the  election  law  shall  be  forthwith  trans- 
mitted by  such  precinct  commander  to  the  board  of  elections  to 
be  by  them  preserved  with  the  same  force  and  effect  as  if  preserved 
by  the  police. 

j.  All  sums  necessary  to  pay  the  expenses  of  the  board  of  elec- 
tions of  the  city  of  New  York,  including  the  salaries  of  the  com- 
missioners of  elections,  chief  clerks,  clerks,  assistant  clerks  and 
other  employes  and  to  meet  and  defray  the  charges  and  expenses 
of  all  elections  lawfully  held  in  the  city  of  New  York  or  in  any  ter- 
ritory included  therein,  shall  be  a  charge  against  the  said  city,  and 
shall  upon  proper  certificates  and  vouchers  be  paid  in  the  same 
manner  as  other  expenses  and  charges  against  the  said  city  are 
by  law  provided  to  be  paid.  Said  charges  and  expenses,  as 
estimated,  shall  be  included  in  the  annual  budget  of  said  city 
each  year  and  in  the  yearly  taxes  levied  upon  the  estates,  real 
and  personal,  in  the  city  of  New  York.  The  comptroller  of  the 
city  of  New  York,  is  hereby  authorized  and  directed  to  transfer 
to  the  credit  of  the  board  of  elections  all  moneys  remaining  out 
of  the  appropriations  for  the  year  nineteen  hundred  and  one,  to 
the  credit  of  the  general  bureau  of  elections  and  its  branches,  for 
defraying  the  expenses  of  said  board  of  elections  and  its  branches 
and  other  election  expenses,  and  such  moneys  shall  be  paid  out 
upon  the  authority  of  the  board  of  elections.  Any  additional  sum 
needed  for  the  conduct  of  the  business  of  the  board  of  elections 
during  the  year  nineteen  hundred  and  one  shall  be  provided  by 
the  board  of  estimate  and  apportionment  of  the  city  of  New  York, 
by  the  sale  of  bonds  or  otherwise. 

k.  The  board  of  elections  of  the  city  of  New  York  is  hereby 
authorized  and  directed,  not  less  than  two  years  after  each  elec- 
tion, to  sell  or  destroy  all  registers  of  electors  in  the  possession  of 
such  board ;  provided,  that  one  copy  of  such  register  of  electors  for 
each  election  district  shall  be  excepted  and  preserved  by  such 
board  from  such  sale  or  destruction.  The  board  of  elections  is 
also  authorized  to  sell  to  the  highest  bidder  the  unused  ballots 
furnished  for  the  last  preceding  election,  but  such  unused  ballots 
shall  not  be  sold  until  at  least  six  months  after  the  election  for 
which  they  were  provided.  All  moneys  realized  by  sales  under 
this  section  shall  be  paid  over  to  the  proper  fiscal  officer  of  the 


Times,  Places,  Notices,  etc.,  of  Elections.  13 

city  of  New  York  to  the  credit  of  the  account  of  the  board  of 
elections. 

1.  Sections  three  hundred  and  fifty-eight  to  three  hundred  and 
seventy-one  inclusive  of  chapter  eight  of  the  Greater  New  York 
charter,  being  chapter  three  hundred  and  seventy-eight  of  the 
laws  of  eighteen  hundred  and  ninety-seven,  entitled  "An  act  to 
unite  into  one  municipality  under  the  corporate  name  of  the  city 
of  New  York  the  various  communities  lying  in  and  about  New 
York  harbor,  including  the  city  and  county  of  New  York,  the  city 
of  Brooklyn  and  the  county  of  Kings,  the  county  of  Richmond 
and  part  of  the  county  of  Queens,  and  to  provide  for  the  govern- 
ment thereof,"  and  all  other  laws  or  parts  of  laws  inconsistent 
with  or  in  conflict  with  this  subdivision,  whether  general,  special 
or  local,  are  hereby  repealed.    (Thus  amended  by  chap.  95,  L.  1901.) 

Qualifications. — Similar  provisions  in  §  3,  Pub.  Off.  Law,  §  50,  Town 
Laws,  post.     As  to  who  is  a  qualified  elector.     (See  §  34,  Election  Law.) 

Bi-partisan  election  boards. — All  laws  creating,  etc.,  election  boards 
to  secure  equal  representation  of  the  two  dominant  political  parties.  (See 
§  6,  art.  2,  Const.,  post.) 

Non-partisanship  in  election  boards  not  required  at  town  meetings 
or  village  elections.     (See  §  6,  art.  2,  Const.,  post.) 

Compensation  for  attendance  at  elections,  or  registration  days,  etc.  (See 
§  18,  Election  Lazv;   §  178,  Town  Law,  as  amended  by  chap.  292,  L.  1900.) 

Persons  serving  temporarily  as  inspectors  of  election,  »hall  serve 
without  pay.     (See  §  14,  Election  Law.) 

Exempt  from  civil  service  regulations. — All  election  officers  are 
comprised  in  the  unclassified  civil  service  and  are  thereby  exempt  from  ex- 
amination and  rules.     (See  §  8,  chap.  370,  Laws  1890.) 

Exempt  from  jury  duty. — Persons  appointed  and  serving  as  election 
officers  in  cities  of  first  class  exempt  from  jury  duty  for  one  year  from  date 
of  general  election  at  which  they  serve.     (See  §  12,  Election  Law.) 

No  ballot  clerks  where  ballot  machines  are  adopted. — Ballot  clerks 
shall  not  be  elected  or  appointed  for  any  district  for  which  a  voting 
machine  shall  have  been  adopted  and  which  will  be  supplied  and  ready  for 
use  at  the  next  election  to  be  held  therein.     (See  §  181,  Election  Law.) 

Election  not  vitiated  if  inspectors  or  clerks  fail  to  take  oath,  though 
such  failure  might  be  punished  by  indictment.     (People  v.  Cook,  8  N.  Y. 

84.) 

Acting  as  election  officer  without  being  qualified  a  misdemeanor. 
(See  §  4ifc,  Penal  Code,  post.) 

Permitting  persons  to  vote  who  are  not  entitled  to  vote  a  misdemeanor. 
(See  §  41k,  Penal  Code,  post.) 


14  The  Election  Law  of  1896. 

Misconduct  of  election  officer  punishable  by  imprisonment.  (See  §  411, 
Penal  Code,  post.) 

Violation  of  election  law  by  public  officer  punishable  by  fine  or  im- 
prisonment.   (5tv  §  41;,  Penal  Code,  post.) 

Acting  in  a  public  office  without  having  qualified. — "  A  person 
who  executes  any  of  the  functions  of  a  public  office  without  having  taken 
and  duly  filed  the  required  oath  of  office,  or  without  having  executed  and 
duly  filed  the  required  security,  is  guilty  of  a  misdemeanor  as  prescribed 
bylaw."     {See  %  <\2,  Penal  Code.) 

§  12.  Appointment  of  election  officers  in  cities. — The  board  of 
elections  of  the  city  of  New  York  and  the  mayor  of  each  other  city 
shall,  on  or  before  the  first  day  of  September  of  each  year  select 
and  appoint  election  officers  for  each  election  district  therein,  and 
iTiay  fill  any  vacancy  which  may  occur  before  the  opening  of  the 
polls  on  election  day.  Each  political  party  entitled  to  representa- 
tion in  any  board  of  election  officers  may,  not  later  than  the  first 
day  of  July  in  each  year,  file  with  such  board  or  mayor  an  original 
list  of  persons,  members  of  such  party  duly  qualified  to  serve  as 
election  officers.  A  supplemental  list  of  persons  may  also  be  filed 
containing  not  more  than  ten  names  for  each  office.  Additional 
supplemental  lists  for  any  election  district  may  be  filed  at  any  time 
before  the  appointments  of  such  districts  are  made  and  certified 
by  such  board  or  mayor  or  when  a  vacancy  shall  exist  in  the 
original  list  by  reason  of  the  disqualification,  resignation,  declina- 
tion or  withdrawal  of  the  name  by  the  person  or  persons  sub- 
mitting the  same  of  any  person  on  such  list,  and  all  appointments 
shall  be  made  from  the  original  list  if  those  named  therein  are 
found  qualified;  if  not  so  qualified,  then  from  a  supplemental  list 
so  filed.  If  within  ten  days  after  notice  in  writing  by  the  board  or 
mayor  to  the  chairman  of  the  committee  or  other  person  by  whom 
the  list  is  filed  or  authenticated,  such  chairman  or  other  person 
shall  neglect  to  file  an  additional  list,  the  board  or  mayor  may 
appoint  qualified  persons,  members  of  the  party  in  default,  to  act 
as  election  officers.  In  the  city  of  New  York  such  lists  shall  be 
authenticated  and  filed  by  the  chairman  of  the  executive  com- 
mittee of  the  county  committee  of  the  party  in  the  respective 
counties  within  such  city;  in  other  cities,  by  the  chairman  or  secre- 
tary of  the  general  city  committee  of  such  party,  if  there  be  such 
a  committee,  or  if  not,  then  by  the  chairman  or  secretary  of 
the  general  county  committee  of  such  party,  if  there  be  such 
a  committee,  or  if  not,  then  by  the  corresponding  officer  of  any 
committee  performing  the  usual  functions  of  a  city  or  county  com- 


Times,  Places,  Notices,  etc.,  of  Elections.  15 

mittee;  provided,  however,  that  if  in  any  city  more  than  one 
such  Hst  be  submitted  in  the  name  or  on  behalf  of  the  same 
poHtical  party,  only  that  list  can  be  accepted  which  is  authenti- 
cated by  the  proper  officer  or  officers  of  the  faction  or  section  of 
such  party,  which  was  organized  as  regular  by  the  last  pre- 
ceding state  convention  of  such  party;  or,  where  no  such  con- 
vention has  been  held  within  the  year,  by  the  proper  officer  of 
the  faction  or  section  of  said  party,  which,  at  the  time  of  the 
filing  of  said  list  is  recognized  as  regular  by  the  state 
committee  of  such  party,  which  was  organized  by  or  pursuant 
to  the  direction  of  the  last  preceding  state  convention  of  such 
party.  All  persons  so  proposed  for  appointment  shall  be  exam- 
ined as  to  their  possessing  the  qualifications  required  by  section 
eleven  of  the  election  law  by  or  under  the  direction  of  the  mayor 
or  board,  who  shall  give  five  days'  notice  in  writing  of  such 
examination  to  the  person  to  be  examined,  and  also  the  chairman 
of  the  committee  or  other  person  by  whom  the  list  is  filed  and 
authenticated,  and  such  chairman  or  other  person  may  appear  and 
be  heard  at  such  examination,  either  in  person  or  by  counsel.  If  a 
person  so  nominated  after  examination  is  found  qualified,  under 
section  eleven  of  the  election  law,  he  shall  be  appointed  to  the  posi- 
tion for  which  he  was  recommended.  If  a  person  so  proposed  is 
found  disqualified  after  examination,  notice  in  writing  to  that  effect 
shall  be  given  by  the  mayor  or  board  within  three  days  after  such 
disqualification  is  determined  by  such  mayor  or  board,  to  the  chair- 
man of  the  committee  or  other  person  by  whom  the  list  embracing 
the  name  of  the  person  so  disqualified  was  authenticated,  and  the 
vacancy  shall  be  filled  by  the  appointment  of  a  qualified  person 
named  in  a  supplemental  list  filed  on  behalf  of  the  same  party,  ex- 
cept that  if  a  party  entitled  to  representation  files  no  list  the  ap- 
pointment may  be  made  without  such  list,  as  provided  in  this  sec- 
tion after  examination.  In  the  city  of  New  York  the  members  of 
the  board  charged  with  the  duty  of  appointing  election  officers,  who 
represent  the  same  political  party,  shall  have  the  exclusive  right  and 
be  charged  with  the  exclusive  duty  of  selecting  from  the  list  sub- 
mitted, or,  in  lieu  of  said  list,  the  members  of  such  party  who  are  to 
be  appointed  as  election  officers.  Every  person  so  appointed  as  an 
election  officer  shall,  within  five  days  after  notice  of  his  appoint- 
ment, take  and  subscribe  the  constitutional  and  statutory  oath  of 
office,  which  shall  be  administered,  if  in  the  city  of  New  York,  by 
a  commissioner  of  elections,  or  by  any  clerk  or  other  employe  of 
said  board  of  elections  who  shall  be  designated  by  said  board  in 


i6  The  Election  Law  of  1896. 

writing  over  the  signature  of  its  president  to  administer  said  oath 
of  office ;  and  if  in  any  other  city,  by  the  mayor  thereof  or  by  any 
other  person  or  persons  designated  by  him  for  that  purpose ; 
and  all  of  said  officers,  and  every  clerk  or  person  so  designated 
by  them  or  him  for  that  purpose,  shall  be  and  is  hereby  author- 
ized as  empowered  to  administer  such  oath.  Every  person  so 
sworn  as  an  election  officer  shall  receive  a  certificate  of  appoint- 
ment and  qualification,  signed  by  the  person  who  administered 
the  oath,  in  such  form  as  may  be  approved  by  the  board  or  officer 
by  which  or  whom  he  was  appointed,  and  specifying  the  capacity 
and  election  district  in  which  he  is  to  serve  and  to  date  the  ex- 
piration of  his  term  of  office.  Any  election  officer  so  appointed 
may  be  removed  for  cause  by  the  board  or  mayor  making  the  ap- 
pointment, in  which  case  such  removal,  unless  made  while  such 
officer  is  actually  on  duty  on  the  day  of  registration,  revision  of 
registration  or  election,  and  for  improper  conduct  as  election 
officer,  shall  only  be  made  after  notice  in  writing  to  the  officers 
to  be  removed,  which  notice  shall  set  forth  clearly  and  distinctly 
the  reasons  for  his  removal.  In  cities  of  the  first  class,  it  shall  be 
the  duty  of  the  board  or  mayor  making  the  appointment  of  an 
election  officer,  to  remove  forthwith  such  officer,  without  pre- 
ferring any  charges  and  without  notice  to  such  officer,  upon  the 
written  request  of  the  official  of  the  political  party  who  certified 
the  name  of  such  election  officer  or  his  successor.  All  such  vacan- 
cies so  created  shall  be  filled  in  the  same  manner  as  the  original 
appointment  was  made.  Any  election  officer  who  shall  at  any  time 
be  appointed  to  fill  a  vacancy,  which  fact  shall  be  stated  in  his 
certificate  of  appointment,  shall  hold  office  only  during  the  un- 
expired term  of  his  predecessor.  No  election  officer  shall  be  trans- 
ferred from  one  election  district  to  another  after  he  has  entered 
upon  the  performance  of  his  duties  and  no  election  officer  shall 
serve  in  any  county  save  that  in  which  he  shall  reside.  The  clmir- 
man  of  each  board  of  inspectors  of  each  election  district  shall, 
within  twenty-four  hours  of  any  election,  furnish  to  the  mayor  or 
board  appointing  such  officers,  if  required  so  to  do  by  such  mayor 
or  board,  under  his  hand,  a  certificate  stating  the  number  of  days 
of  actual  service  of  each  member  of  such  board,  the  names  of  the 
persons  who  served  as  poll  clerks  and  ballot  clerks  on  election 
day  and  the  number  of  days  during  which  the  store,  building  or 
room  hired  for  registration  and  election  purposes  was  actually 
used  for  such  purposes.  Any  person  acting  as  such  chairman, 
who  shall  wilfully  make  a  false  certificate  shall  be  guilty 
of  a  misdemeanor.  Every  person  appointed  as  an  elec- 
tion officer,  failing  to  take  and  subscribe  the  oath  of  of- 
fice as  hereinbefore  *subscribed  or  shall  wilfully  neglect  or  re- 
fuse to  discharge  the  duties  which  he  was  appointed  to  perform, 
shall,  in  addition  to  the  other  penalties  prescribed  by  law,  be  liable 
to  a  fine  of  one  hundred  dollars,  to  be  sued  for  and  recovered  by 
the  mayor  or  board  making  the  appointment,  in  a  court  of  record, 

•  So  in  the  original. 


Times,  Places,  Notices,  etc.,  of  Elections.  17 

for  the  use  and  benefits  of  the  treasury  of  such  city.  Any  election 
officer  who,  being  removed  for  cause,  shall  fail  upon  demand  to 
deliver  over  to  his  successor  the  register  of  the  electors,  or  any 
tally  sheets,  T)Ook,  paper,  memorandum  or  document  relating  to 
the  registration  of  electors  or  the  election  in  his  possession,  so  far 
as  he  has  made  it,  shall  be  liable  to  a  like  penalty  to  be  recovered 
in  a  like  manner  for  the  benefit  of  such  city.  All  persons  ap- 
pointed and  serving  as  election  officers  on  any  of  the  days  of 
registration  or  of  election  or  of  count  of  the  votes  in  cities  of  the 
first  class  shall  be  exempt  from  jury  duty  for  one  year  from  the 
date  of  the  general  election  at  which  they  serve.  Such  officers 
shall  be  paid  by  the  comptroller  of  the  respective  cities  within 
twenty  days  after  the  election  at  which  such  officer  served  upon 
the  certificate  of  the  board  or  officer  appointing  them.  (Thus 
amended  by  chap.  95,  L.  1901,  and  chap.  70,  L.  1904.) 

(For  Forms  under  this  section  see  "  Forms  "  at  end  of  this  article.) 

Election  officers  must  be  selected  from  state  parties The  choosing 

of  election  officers  from  an  irregular  local  organization  in  disregard  of 
lists  filed  and  authenticated  by  the  regular  local  organization  is  a  violation 
of  the  election  law.     (People  v.  Gleason,  i8  Misc.  511  ;  42  N.  Y.  Supp.  1084.) 

Only  the  two  dominant  political  parties  must  be  taken  into  consid- 
eration in  choosing  election  boards,  without  regard  to  subordinate  factions. 
(People  ex  rel.  Van  IVyck  v.  Wheeler,  18  Hun,  540.) 

Failure  to  appoint  "inspectors  within  the  time  prescribed  by  law  will 
not  render  subsequent  appointments  invalid  in  the  absence  of  any  statu- 
tory provision  to  that  effect.  (People  ex  rel.  McMackin  v.  Board  of  Police, 
46  Hun,  296.) 

Election  not  vitiated  if  inspectors  or  clerks  fail  to  take  oath,  though 
such  failure  might  be  punished  by  indictment.  (People  v.  Cook,  8  N.  Y. 
84.) 

Appointment  of  election  officers — The  power  to  select  election  of- 
ficers in  the  county  of  New  York  rests  in  the  county  committee  of  the 
party,  whose  action  is  to  be  authenticated  by  the  chairman  of  its  executive 
committee;  and  where  the  power  is  so  exercised  and  authenticated,  the 
court  will  not  consider  a  claim  that  a  recommendation  of  a  committee  of 
an  assembly  district  to  the  county  committee  was  disregarded,  although 
the  recommendations  of  committees  of  other  assembly  districts  were 
adopted.     (Sheehan  v.  McMahon,  44  App.  Div.  63 ;  60  N.  Y.  Supp.  452.) 

§  13.  *Election  oflBicers  in  towns. — Inspectors  of  election  in 
towns  shall  be  appointed  by  the  town  board  in  each  year  in  which 
a  town  meeting  is  held  for  the  election  of  town  officers,  and 
within  thirty  days  thereafter.  Such  appointments  shall  be  made 
from  lists  to  be  prepared,  certified  and  filed  in  the  manner  here- 
inafter provided,  by  the  two  political  parties  entitled  to  represen- 
tation on  a  board  of  election  officers.  The  town  caucus  or  prim- 
ary held  by  each  such  political  party  for  the  purpose  of  nomi- 
nating town  officers  shall  prepare  a  list  containing  the  names  of 
at  least  two  persons,  qualified  to  serve  as  inspectors  of  election, 
for  each  election  district  in  said  town,  which  lists  shall  be  certified 
by  the  presiding  officer  and  a  secretarv  of  said  caucus  or  primary, 
and  filed  v^-ith  the  town  clerk  in  the  same  manner  and  at  the  same 
time  as  the  party  certificate  of  nomination  filed  by  said  party. 
From  each  of  the  two  lists  so  filed,  the  town  board  shall  appoint 
two  persons  who  possess  the  qualifications  prescribed  by  law  for 

*  Election  officers  in  office  April  35,  iqoz,  shall  hold  office  and  continue  to  terre  until  tb^ 
expiration  of  their  terms.    See  chap.  536,  L.  1901. 


i8  The  Election  Law  of  1896. 

election  officers.  If  in  any  town  more  than  one  such  list  be  sub- 
mitted on  behalf  or  in  the  name  of  the  same  political  party,  only 
that  list  can  be  accepted  which  is  certified  by  the  proper  officer  or 
officers  of  the  faction«of  such  party  which  was  recognized  as  regu- 
lar by  the  last  preceding  state  convention  of  such  party;  or  if  no 
such  convention  was  held  during  the  year,  by  the  proper  officer  or 
officers  of  the  faction  of  such  party,  which,  at  the  time  of  the  filing 
of  such  list  is  recognized  as  regular  by  the  state  committee  of  such 
party.  Such  appointment  shall  be  made  in  writing  and  filed  with 
the  town  clerk  who  shall  forthwith  notify  each  person  so  appointed 
of  his  appointment  to  said  office,  in  the  same  manner  that  he  is 
now  by  law  required  to  give  notice  to  a  person  of  his  election  to  a 
town  office  when  his  name  does  not  appear  upon  the  poll  list  at 
the  town  meeting  at  which  he  was  elected  to  said  office.  From  the 
additional  names,  if  any,  contained  on  the  lists  so  filed,  of  persons 
qualified  to  serve  as  such,  the  town  board  shall  appoint  inspectors 
of  election  in  case  of  the  resignation,  declination  or  other  inca- 
pacity of  persons  appointed  to  such  office.  If  such  lists  contain  no 
additional  names  of  such  persons,  the  town  board  shall  fill  vacan- 
cies caused  by  such  resignation,  declination  or  other  incapacity 
by  appointing  persons  known,  or  proved  to  the  satisfaction  of  a 
majority  of  the  members  of  said  board  to  be  members  of  the  same 
political  party  in  which  such  vacancy  occurred.  All  appointments 
to  fill  vacancies  shall  be  made  in  writing  and  filed  with  the  town 
clerk,  and  notices  thereof  given  by  him  as  hereinbefore  provided 
in  the  case  of  an  original  appointment.  At  the  first  meeting  in 
each  year  of  the  board  of  inspectors  in  every  district  in  a  town, 
one  poll  clerk  and  one  ballot  clerk  shall  be  appointed  by  the  two 
inspectors  of  election  representing  one  of  the  political  parties  enti- 
tled to  representation  on  such  board,  and  one  poll  clerk  and  one 
ballot  clerk  shall  be  appointed  by  the  two  inspectors  representing 
the  other  political  party.  Such  appointments  shall  be  in  writing, 
signed  by  the  inspectors  making  the  appointments  respectively, 
and  shall  be  filed  by  them  with  the  town  clerk  of  the  town  in  which 
such  election  district  is  situated,  and  a  copy  thereof  with  the  post- 
office  address  of  each  person  so  appointed  shall  be  mailed  to  the 
clerk  of  the  county.  The  poll  clerks  and  ballot  clerks  so  appointed 
shall  hold  their  office  during  the  term  of  office  of  the  inspectors 
appointing  them,  except  as  hereafter  provided.  The  persons  so 
appointed  as  poll  clerks  and  ballot  clerks  shall  be  voters  in  the 
district  in  which  they  are  appointed  to  serve,  and  shall  possess  the 
qualifications  rcfjuired  of  such  officers  by  section  eleven  of  this 
act.  If  at  any  time  of  any  election  at  which  poll  clerks  and  ballot 
clerks  are  ref)uired  to  be  present  at  the  polling  place  in  any  elec- 
tion district,  the  office  of  a  poll  clerk  or  of  a  ballot  clerk  of  such 
district  shall  be  vacant,  or  a  Doll  clerk  or  a  ballot  clerk  shall  be 
absent,  the  inspectors  of  election  in  such  district  shall  forthwith 
appoint  a  person  to  fill  such  vacancv.  Such  person  so  appointed 
shall,  before  he  acts  as  such  poll  clerk  or  ballot  clerk,  take  the 


Times,  Places,  Notices,  etc.,  of  Elections.'  19 

constitutional  and  statutory  oaths  of  office.     (Thus  amended  by 

chap.  536,  L.  1901.) 

(Forms  for  appointments,  oaths,  etc.,  under  this  section,  see  "  Forms  "  at 
end  of  this  article.) 

Inspectjor  a  candidate  for  office  vacates  his  ofifice  of  inspector.  (34 
Barb.  6.20.) 

Term  of  office  of  inspectors,  two  years.     (See  §  13,  Town  Law,  post.) 

Oath  of  office  of  inspectors  to  be  taken  within  ten  days  after  notice  of 
election  or  appointment  and  within  eight  days  filed  in  the  office  of  town 
clerk.  (See  §  51,  Town  Law,  post.)  Statutory  oaths  to  be  taken  before 
opening  of  polls  on  election  day.     (§  104,  art.  2,  Election  Law.} 

Vacancies  in  office  of  inspectors. — The  town  board  may  fill  vacancies 
by  appointment  in  writing  and  cause  same  to  be  filed  in  ofifice  of  town 
clerk,  who  shall  forthwith  give  notice  to  person  appointed.  (See  §  65, 
Town  Law,  post.) 

Compensation  of  election  officers. — If  a  different  rate  is  not  otherwise 
established  as  herein  provided,  each  inspector  of  election,  ballot  clerk  and 
poll  clerk  is  entitled  to  two  dollars  per  day;  but  the  board  of  supervisors 
may  establish  in  their  county  a  higher  rate,  not  exceeding  six  dollars  per 
day.     (See  §  178,  Town  Law,  post.) 

Although  town  election  officers  were  employed  from  five  a.  m.  until 
nearly  midnight  at  a  general  election.  Held,  that  they  were  only  entitled 
to  one  day's  pay  under  section  178  of  the  Town  Law  and  that  the  statute 
fixing  the  number  of  hours  which  shall  constitute  a  day's  work  by  its 
terms  does  not  apply  to  such  offices.  (People  ex  ret.  Kleet  v.  Town  Bd. 
West  Turin,  27  Misc.  470.) 

Account  of  inspectors  in  towns,  how  made  out. — "  No  account  shall 
be  audited  by  any  board  of  town  auditors  or  supervisors  *  *  *  for  any 
services  or  disbursements  unless  such  account  shall  be  made  out  in  items 
and  accompanied  with  an  affidavit  attached  thereto,  and  to  be  filed  with 
such  account,  made  by  the  person  presenting  or  claiming  the  same,  that 
the  items  of  sucli  account  are  correct  and  that  the  disbursements  and  serv- 
ices charged  therein  have  been  in  fact  made  or  rendered  or  are  necessary 
to  be  made  or  rendered  at  that  session  of  the  board,  and  stating  that  no 
part  thereof  has  been  paid  or  satisfied;  and  the  chairman  of  the  board 
*  *  *  may  administer  any  oath  required  under  this  section."  (Extract 
from  §  167,  Toivn  Law,  chap.  569,  Laws  1890.) 
(For  Form  for  Bill  for  Compensation,  see  "Forms"  at  end  of  this  article.) 

§  14.  Supplying  vacancies  and  absences;  organizations  of  boards 
of  inspectors. —  If  at  the  time  of  any  meeting  of  the  inspectors 
there  shall  be  a  vacancy  or  if  any  inspectors  shall  be  absent  from 
such  meeting-  the  inspector  present  who  shall  be  a  member  of  the 
same  political  party  as  the  absent  inspector  shall  appoint  a  quali- 
fied elector  of  the  district,  who  shall  also  be  a  member  of  the  same 
political  party  as  the  absent  inspector,  to  act  in  the  place  of  such 
absent  inspector  for  the  whole  of  that  day.  And  the  person  so 
appointed  shall  be  paid  the  amount  which  the  absent  inspector, 
if  he  had  been  present,  would  have  been  entitled  to  have  been 
paid  for  his  services  upon  that  day,  and  the  absent  inspector  shall 
not  be  paid  for  any  services  for  that  day.  If  two  inspectors,  who 
are  members  of  the  same  political  party,  shall  be  absent  from  any 
such  meeting  on  election  day,  the  poll  clerk,  if  he  be  present,  and 
if  he  be  absent  then  the  ballot  clerk,  who  is  a  member  of  the  same 
political  party  as  the  absent  inspectors,  shall  appoint  two  qualified 
electors  of  the  district,  who  shall  be  members  of  the  same  political 
party  as  the  absent  inspectors,  to  act  in  the  place  of  such  absent 


20  The  Election  Law  of  1896. 

inspectors  for  the  whole  of  that  day ;  and  the  persons  so  appointed 
shall  be  paid  the  amounts  which  the  absent  inspectors,  if  they  had 
been  present,  would  have  been  entitled  to  be  paid  for  their  services 
upon  that  day,  and  the  absent  inspectors  shall  not  be  paid  for 
any  services  for  that  day.  If  two  inspectors,  who  are  members 
of  the  same  political  party,  shall  be  absent  on  any  of  the  days  of 
registration,  the  inspector  or  inspectors  present  shall  appoint 
qualified  electors  of  the  district,  who  shall  be  members  of  the  same 
political  party  as  the  absent  inspector  or  inspectors,  to  act  until 
such  absent  inspector  or  inspectors,  or  his  successors  duly  ap- 
pointed under  the  provisions  of  section  twelve,  shall  appear  and 
such  person,  so  serving  temporarily,  shall  serve  without  pay.  If, 
at  any  such  time,  the  offices  of  all  inspectors  are  vacant,  or  no  in- 
spector shall  appear  within  one  hour  after  the  time  fixed  by  law 
for  the  opening  of  such  meeting,  the  qualified  voters  of  the  district 
present,  not  less  than  ten,  may  designate  four  qualified  electors  of 
the  district  belonging  to  the  political  parties  as  specified  in  section 
eleven,  to  fill  such  vacancies,  or  to  act  in  the  place  of  such  in- 
spectors respectively,  until  the  absent  inspectors  respectively  ap- 
pear. If  at  any  time  there  shall  be  a  vacancy  in  the  office  of  any 
poll  clerk  or  ballot  clerk,  or  if  any  poll  clerk  or  ballot  clerk  shall 
be  absent  from  such  meeting,  the  inspector  or  inspectors  present, 
who  shall  be  a  member  or  members  of  the  same  political  party  as 
the  absent  poll  clerk,  or  ballot  clerk  shall  appoint  a  qualified 
elector  of  the  district,  who  shall  also  be  a  member  of  the  same 
political  party  as  the  absent  poll  clerk  or  ballot  clerk  to  fill  such 
vacancy.  Every  person  so  appointed  or  designated  to  act  as  an 
inspector,  poll  clerk  or  ballot  clerk  shall  take  the  constitutional  and 
statutory  oaths  as  prescribed  by  the  election  law.  Before  other- 
wise entering  upon  their  duties  the  inspectors  of  each  district  shall 
then  immediately  appoint  one  of  their  number  chairman ;  or,  if  a 
majority  shall  not  agree  upon  such  appointment,  they  shall  draw 
lots  for  that  position.     {Thus  amended  by  chap.  487,  L.  1904.) 

Similar  provisions  as  to  supplying  vacancy  in  office  of  poll  or  ballot 
clerk.     (Election  Laiv.  §  13.) 

If  no  clerks  can  be  procured  election  is  not  to  fail,  but  inspectors  must 
perform  tlie  clerks'  duties.      {People  v.  Cook,  8  N.  Y.  88.) 

Civil  service  rules  and  regulations  do  not  apply  to  election  officers.  {See 
§  8,  chap.  370,  Laws  1899.) 

§  15.  Preservation  of  order  by  inspectors. —  All  meetings  of  the 
board  of  insjjcctors  shall  be  public.  Such  board  and  each  individ- 
ual member  thereof  shall  have  full  authority  to  preserve  peace  and 
good  order  at  such  meetings,  and  around  the  polls  of  elections,  and 
to  keep  the  access  thereto  unobstructed,  and  to  enforce  obedience 
to  their  lawful  commands.  The  said  board  may  appoint  one  or 
more  electors  to  communicate  their  orders  and  directions,  and  to 
assist  in  the  performance  of  their  duties  in  this  section  enjoined. 


Times,  Places,  Notices,  etc.,  of  Elections.  21 

If  any  person  shall  refuse  to  obey  the  lawful  commands  of  the 
inspectors,  or  by  disorderly  conduct  in  their  presence  or  hearing 
shall  interrupt  or  disturb  their  proceedings,  they  shall  make  an  or- 
der directing  the  sheriff  or  any  constable  of  the  county,  or  any 
peace  or  police  officer  to  take  the  person  so  offending  into  custody 
and  retain  him  until  the  registration  of  electors,  or  the  canvass  of 
the  votes  shall  be  completed,  but  such  order  shall  not  prohibit  the 
person  taken  into  custody  from  voting.  Such  order  shall  be  exe- 
cuted by  any  sheriff,  constable,  peace  or  police  officer,  to  whom  the 
same  shall  be  delivered.  But  if  none  shall  be  present,  then  by  any 
other  person  deputed  by  such  board  in  writing.  The  said  board 
or  any  member  thereof,  may  order  the  arrest  of  any  person  other 
than  an  election  officer  violating  or  attempting  to  violate,  any  of 
the  provisions  of  this  election  law. 

(For  Forms  for  Precept  and  Deputation  see  "  Forms  "  at  end  of  article.) 
Disobedience  of  orders  of  inspectors. —  "  Willfully   disobeys    any    lawful 

command  of  the  board  of  inspectors,  or  any  member  thereof,  is  guilty  of  a 

misdemeanor."     (Subd.  17,  §  41^,  Penal  Code,  as  amended  by  chap.  714, 

Laws  1894.) 
Arrest  without  a  warrant   may  be  made  by  either  a  peace  officer  or  a 

private  citizen  when  a  crime  is  committed  in  his  presence.     (Code  Critn. 

Pro.  §§  177,  183.) 

Inspectors  have  a  right  to  keep  order  during  canvass,  but  under  pretense 

of  same  they  have  no  right  to  turn  out  a  peaceful  and  quiet  citizen  whose 

presence  does  not  interfere  with  the  discharge  of  their  duties.     (Norton 

V.  Whistler,  4  N.  Y.  St.  Rep.  810.) 

§  16.  Ballot  baxes. —  There  shall  be  but  one  ballot  box  at  each 
polling  place  for  receiving  all  ballots  cast  for  candidates  for  office, 
which  box  shall  be  conspicuously  marked  "  Box  for  general  bal- 
lots." There  also  shall  be  a  ballot  box  for  the  reception  of  ballots 
found  to  be  defective  in  printing,  or  mutilated  before  delivery  to 
electors,  and  for  ballots  spoiled  and  returned  by  electors,  which 
box  shall  be  conspicuously  marked  "  Box  for  spoiled  and  mutilated 
ballots."  There  shall  also  be  a  box  for  detached  ballot  stubs, 
which  box  shall  be  conspicuously  marked  "  Box  for  detached  bal- 
lot stubs."  If  proposed  constitutional  amendments,  or  other  prop- 
ositions or  questions  may  lawfully  be  voted  upon  thereat,  there 
shall  be  a  separate  ballot  box  at  each  polling  place  for  the  recep- 
tion of  ballots  upon  such  amendments  or  propositions,  or  ques- 
tions, which  box  shall  be  conspicuously  marked,  "  Box  for  ques- 
tions submitted."  In  towns  in  which  town  meetings  are  held  on 
election  day,  an  additional  ballot  box  shall  be  provided,  to  be 
marked  "  Box  for  town  propositions,"  in  which  shall  be  deposited 
ballots  cast  on  town  propositions  and  questions.  In  towns  in 
w^hich  town  meetings  are  held  on  election  day  in  an  even  numbered 
year,  an  additional  ballot  box  shall  be  provided,  to  be  marked 
"  Box  for  town  ballots,"  in  which  shall  be  deposited  ballots  cast 
for  candidates  for  town  offices.    Each  box  used  for  the  reception 


22  The  Elfxtion  Law  of  1896. 

of  voted  ballots  shall  be  provided  vi^ith  a  sufficient  lock  and  key, 
and  with  an  opening  in  the  top  thereof  large  enough,  and  not 
larger  than  may  be  necessary  to  allow  a  single  folded  ballot  to 
be  "easily  passed  through  such  opening  into  the  box.  Each  box 
shall  be  large  enough  to  properly  receive  and  hold  all  ballots 
which  may  lawfully  be  deposited  therein  at  any  election.  {Thus 
amended  by  c/ia/>.' 381,  L.  1900.  chap.  405,  L.  1902,  and  chap. 
y^Z,  L.  1904.) 

The  question  whether  or  not  liquor  shall  be  sold  in  a  certain  town 
shall  be  voted  on  at  town  meeting  by  using  a  separate  ballot  and  the  bal- 
lot box  designed  for  constitutional  amendments.  {Election  Law,  §  82 ; 
Lazi-s  of  1896,  cliaf".  112,  §  16.) 

^  17.  Voting  booths  and  guard  rails. —  There  shall  be  in  each 
polling  place  during  each  election  a  sufficient  number  of  voting 
booths,  not  less  than  one  for  every  seventy-five  registered  electors 
in  the  district.  Each  such  booth  shall  be  at  least  three  feet  square, 
shall  have  four  sides  enclosed,  each  at  least  six  feet  high,  and  the 
one  in  front  shall  open  and  shut  as  a  door  swinging  outward,  and 
shall  extend  within  two  feet  of  the  floor.  Each  such  booth  shall 
contain  a  shelf  which  shall  be  at  least  one  foot  wide,  extending 
across  one  side  of  the  booth  at  a  convenient  height  for  writing, 
and  shall  be  furnished  with  such  supplies  and  conveniences  in- 
cluding pencils  having  black  lead  only,  as  will  enable  the  electors 
to  conveniently  prepare  their  ballots  for  voting.  Each  booth  shall 
be  kept  clearly  lighted  while  the  polls  are  open  by  artificial  lights  if 
necessary.  A  guard  rail  shall  be  placed  at  each  polling  place  at 
least  six  feet  from  the  ballot  boxes  and  the  booths,  and  no  ballot 
box  or  booth  shall  be  placed  within  six  feet  of  such  rail.  Each 
guard  rail  shall  be  provided  with  a  place  for  entrance  and  exit. 
The  arrangement  of  the  polling  place  shall  be  such  tha':  the  booths 
can  only  be  reached  by  passing  within  the  guard  rail,  and  that  the 
booths,  ballot  boxes,  election  officers  and  every  part  of  the  polling 
place  except  the  inside  of  the  booths,  shall  be  in  plain  view  of  the 
election  officers  and  the  persons  just  outside  the  guard  rail.  Such 
booths  shall  be  so  arranged  that  there  shall  be  no  access  to  intend- 
ing voters  or  to  the  booths  through  any  door,  window,  or  open- 
ing except  by  the  door  in  front  of  said  booth. 

Supplies  for  voting  booths  to  be  furnished  by  officers  designated  in  Elec- 
tion lass-.     (Scr  S  Hd,  Illcction  Law.) 

Removal,  mutilation  or  destruction  of  election  booths,  supplies,  etc.,  a. 
misdemeanor.     (Sec  §  4ir,  Penal  Code,  post.) 

%  18.  Payment  of  election  expenses. —  The  expense  of  providing 
polling  places,  voting  booths,  supplies  therefor,  guard  rails  and 
other  furniture  of  the  polling  place,  and  distance  markers,  and  the 
compensation  of  the  election  officers  in  each  election  district,  shall 


Times,  Places,  Notices,  etc.,  of  Elections.  23 

be  a  charge  upon  the  town  or  city  in  which  such  election  district  is 
situated  except  that  such  expenses  incurred  for  the  purpose  of  con- 
ducting a  viUage  election,  not  held  at  the  same  time  as  a  general 
election,  shall  be  a  charge  upon  the  village.  The  expense  of  print- 
ing and  delivering  the  official  ballots,  sample  ballots  and  cards  of 
instruction,  poll  books,  tally  sheets,  return  sheets  for  inspectors 
and  ballot  clerks,  and  distance  markers  to  be  used  at  a  town  meet- 
ing, city  or  village  elections  not  held  at  the  same  time  as  a  general 
election,  and  of  printing  the  list  of  nominations  therefor  shall  be  a 
charge  upon  the  town,  city  or  village  in  which  the  election  is  held. 
The  expense  of  printing  and  delivering  the  official  ballots,  sample 
ballots  and  cards  of  instruction,  poll  books,  tally  sheets,  return 
sheets  for  inspectors  and  ballot  clerks,  and  distance  markers  to  be 
used  in  any  county,  except  such  counties  or  portions  thereof  as  are 
included  within  the  city  of  New  York,  at  any  other  election,  if  no 
town  meeting,  city  or  village  election  be  held  at  the  same  time 
therewith,  and  of  printing  the  lists  of  nominations  therefor,  shall 
be  a  charge  upon  such  county.  The  expense  of  printing  and  deliv- 
ering the  official  ballots,  sample  t  diets  and  cards  of  instruction, 
poll  books,  tally  sheets,  return  sheets  for  inspectors  and  ballot 
clerks,  and  distance  markers,  to  be  used  in  any  such  county  at  any 
other  election,  and  of  printing:  the  lists  of  nominations  therefor,  if 
the  town  meeting,  city  or  village  election  be  held  in  such  county  at 
the  same  time  therewith,  shall  be  i  ^portioned  by  the  county  clerk 
between  such  town,  city  or  village  and  such  county,  in  the  propor- 
tion of  the  number  of  candidates  for  town,  city  or  village  officers 
on  such  ballots  respe -lively,  to  the  whole  number  of  candidates 
thereon,  and  the  amount  of  such  expense  so  apportioned  to  each 
such  municipality  shall  be  a  charge  thereon.  Whenever  voting 
machines  are  used  in  an  election  by  any  city,  town  or  village,  only 
such  expenses  as  are  ^aused  by  the  use  of  such  machines,  and  such 
as  are  necessary  for  the  proper  conduct  of  the  elections  as  required 
by  the  election  law  shall  be  charged  to  sucn  city,  town  or  village. 
All  expenses  relating  to  or  connected  with  elections  lawfully  in- 
curred by  the  board  of  elections  of  the  city  of  New  York  shall  be 
a  charge  on  such  city,  and  after  being  audited  by  the  proper 
officer,  shall  be  paid  by  the  comptroller  of  said  city  upon  the 
certificate  of  such  board.  The  county  clerk  of  each  county,  not 
salaried,  shall  be  paid  by  such  county  a  reasonable  compensation 
for  his  services  in  carrying  out  the  provisions  of  this  chapter,  to 
be  fixed  by  the  board  of  supervisors  of  the  county,  or  the  board 
acting  as  such  board  of  supervisors.  The  town  clerk  of  each  town 
shall  be  paid  by  such  town  a  reasonable  compensation  for  his  serv- 
ices in  carrying  out  the  provisions  of  this  chapter,  to  be  fixed  by 
the  other  members  of  the  town  board  of  the  town.  Ballot  clerks 
shall  receive  the  same  compensation  for  their  attendance  at  an  elec- 
tion, as  inspectors  of  election  for  the  election,  and  be  paid  in  like 


24  The  Election  Law  of  1896. 

manner.  Poll  clerks  shall  receive  the  same  compensation  for  their 
attendance  at  an  election  and  canvass  of  the  votes  as  inspectors  of 
election  and  shall  be  paid  in  like  manner.  An  inspector  of  elec- 
tion, lawfully  required  to  file  papers  in  the  county  clerk's  office, 
shall,  unless  he  resides  in  the  county,  if  within  the  city  of  New 
York,  or  in  any  other  city  or  town  in  which  such  office  is  situated, 
be  entitled  to  receive  as  compensation  therefor  five  dollars,  and  also 
four  cents  a  mile  for  every  mile  actually  and  necessarily  traveled 
between  his  residence  and  such  county  clerk's  office  in  going  to 
and  returning  from  such  office.  In  cities  of  the  first  class,  having 
a  population  of  two  million  or  more  inhabitants  the  per- 
sons appointed  and  serving  as  inspectors  of  election  shall  receive 
seven  dollars  and  fifty  cents  for  the  hours  fixed  by  law  for  each  day 
of  registration,  and  of  revision  of  registration  for  a  special  elec- 
tion, and  seven  dollars  for  the  hours  fixed  by  law  for  the  election, 
and  five  dollars  for  the  count  and  return  of  the  votes.  The  poll 
clerks  in  such  city  shall  each  receive  the  same  compensation  as  in- 
spectors of  the  election  and  for  the  count  of  the  votes,  and  the  ballot 
clerks  shall  receive  eight  dollars  each.  Such  officers  shall  be  paid  by; 
the  comptrollers  of  the  respective  cities  upon  the  certificate  of  the 
board  or  officer  appointing  them.  Election  officers  required  to  meet 
at  a  different  time  from  the  regular  count  of  the  votes  cast  at  a 
general  election  for  the  purpose  of  counting  and  returning  the 
votes  of  electors  absent  from  their  election  districts  in  time  of  war 
in  the  actual  military  or  naval  service  of  this  state  or  of  the 
United  States  shall  be  paid  five  dollars  each.  {Thus  amended  by 
chap.  95,  L.  1901.) 

Compensation  of  election  officers  in  towns, — 2.  If  a  different  rate  is 
not  otherwise  established  as  herein  provided,  each  inspector  of  election,  bal- 
lot clerk  and  poll  clerk  is  entitled  to  two  dollars  per  day;  but  the  board  of 
supervisors  may  establish  in  their  county  a  higher  rate,  not  exceeding  six 
dollars  per  day.     (See  §  178,  Town  Law,  post.) 

§  19.  Delivery  of  election  laws  to  clerks,  boards  and  election 
officers. — The  secretary  of  state  shall  at  least  sixty  days  before 
each  general  election  held  after  this  act  takes  effect  cause  to  be 
prepared  a  compilation  of  the  election  law  with  explanatory  notes 
and  instructions,  properly  indexed,  and  the  secretary  of  state  shall 
procure  the  same  to  be  printed  by  the  legislative  printer,  and 
transmit  to  the  county  clerk  of  each  county  except  New  York, 


Times,  Places,   Notices,  etc.,  of  Elections.  25 

Kings,  Richmond,  Queens  and  Erie  counties,  and  to  the  board 
of  elections  of  the  city  of  New  York,  located  in  the  borough  of 
Manhattan  and  to  the  branch  office  of  the  board  of  elections  in 
each  of  the  other  boroughs  of  the  city  of  New  York  and  to  the 
commissioner   of   elections   of   the   county   of   Erie   a    sufficient 
number  of  copies  thereof,  to  furnish  one  such  copy  to  the  county 
clerk  and  to  said  board  and  to  each  of  said  branch  offices  of  the 
board  of  elections,  and  to  said  commissioner  and  one  to  each 
town,  village  and  city  clerk  and  to  each  election  officer  in  such 
county  and  said  boroughs  together  with  such  number  of  extra 
copies  as  may  in  his  judgment  be  necessary  to  replace  lost  or 
mutilated  copies  before  delivery  thereof  to  election  officers.    The 
county  clerk  of  each  county,  except  those  counties  the  whole  of 
which  are  included  within  the  city  of  New  York,  and  the  com- 
missioner of  elections  of  the   county  of  Erie,   shall   forthwith 
transmit  one  of  such  copies  to  each  such  officers  in  such  county, 
and  the  said  board  of  elections  shall  cause  to  be  delivered  one  of 
such  copies  to  each  of  such  officers  in  the  city  of  New  York. 
Each  copy  so  received  by  each  such  officer  shall  belong  to  the 
office  of  the  person  receiving  it.     Every  incumbent  of  the  office 
shall  preserve  such  copy  during  his  term  of  office  and  upon  the 
expiration  of  his  term  or  removal  from  office  deliver  it  to  his 
successor.      The  secretary  of  state  shall  also   transmit  to  the 
state  superintendent  of  elections  for  the  metropolitan  elections 
district  a  sufficient  number  of  such  copies  to  furnish  one  of  such 
copies  to  the  superintendent  and  to  each  deputy.     ( Thus  amended 
by  chap.  95,  L.  1901,  and  chap.  643,  L.  1905,  in  effect  May  26, 
1905-) 


26  The  Election  Law  of  1896. 

FORMS  FOR  ELECTION  LAW,  ARTICLE  x. 


1.  Appointment  of  inspector  to  fill  vacancy  at  meeting  of  inspectors. 

2.  Designation  by  electors  to  fill  vacancies  in  boards  of  inspectors. 

3.  Appointment  of  poll  clerks  and  ballot  clerks  in  towns. 

4.  Appointment  of  poll  clerks  and  ballot  clerks  to  fill  vacancies  at  meetine 

of  inspectors. 

5.  Oath  for  elective  election  officers. 

6.  Oath  for  appointive  election  officers. 

7.  Precept  in  case  of  refusal  to  obey  lawful  commands  of  inspectors. 

8.  Precept  in  case  of  disorderly  conduct  in  presence  or  hearing  of  in- 

spectors. 

9.  Bill  for  compensation  in  towns. 

10.  Chairman's  certificate  of  service  in  cities. 


FOBM  No.  1. 

(See  §  14,  Election  Law.) 

Appointment  of  inspector  to  fill  vacancies  at  meeting  of  Inspeetora. 

There  being  a  vacancy  in  the  office  of  inspector  of  election  (or 
being  absent  from  the  meeting  of  the  board  of  inspectors  this  day)  in  elec- 
tion district  No.  of  the  (ward,  city  or  town)  of  ,  I  (or 
we),  pursuant  to  the  election  law,  do  hereby  appoint  ,  a  duly  quali- 
fied elector  of  the  said  election  district,  and  a  member  of  the  same  political 
party  as  the  absent  inspector,  to  act  as  a  member  of  the  board  of  election 
inspectors  in  place  of  until  he  or  his  duly  appointed  successor  shall 
appear. 

Dated  this        day  of  ,  19    • 


(To  be  filed  with  returns.)  Inspectors  of  ElecHon. 


rOBM  No.  2. 

(See  §  14,  Election  Law.) 

Designation    by   electors    to    fill    vacancies   in    boards   of   election 

inspectors. 

The  offices  of  all  the  inspectors  of  the  election  district  of  the 

(ward,  city  or  town)  of  ,  being  vacant  (or,  all  the  inspectors  of 

election  of  the  election  district  of  the  (ward,  city  or  town)  of  , 


Times,  Places,  Notices,  etc.,  of  Elections.  27 

not  appearing  within  one  hour  after  the  time  fixed  by  law  for  the  opening 
of  the  meeting  of  board  of  inspectors  to  be  held  this  day),  we,  the  under- 
signed, duly  qualified  electors  of  said  district,  hereby  appoint  to 
act  in  the  place  of  ,  and  to  act  in  the  place  of 
until  such  absent  inspectors  respectively  appear,  the  said  persons  so 
appointed  being  respectively  members  of  the  same  political  party  as  such 
absent  inspectors. 

Dated  this        day  of  ,  19     • 

(To  be  signed  by  not  less  than  ten  duly  qualified  electors  and  filed  with 

-eturns.) 

rORM  No.  3. 

(See  §  13,  Election  Law.) 
Appointment  of  poll  clerks  and  ballot  clerks  in  towns. 

We,  the  undersigned  (elected  or  appointed  as  the  case  may  be),  inspectors 

of  the  election  district  of  the  town  of  ,  do  hereby  appoint 

to  the  office  of  poll  clerk  in  and  for  said  district,  and  to 

the  office  of  ballot  clerk,  pursuant  to  the  provisions  of  section  thirteen  of 

the  election  law. 

Dated  this        day  of  ,  IQ    • 


Inspectors  of  Election. 
(To  be  filed  with  the  town  clerk,  and  a  copy  thereof  with  the  post  office 
address  of  each  person  mailed  to  the  county  clerk.) 


FOBU  No.  4. 

(See  §  14,  Election  Law.) 

Appointment  of  poll  or  ballot  clerk  to  fill  vacanqy  at  meetings  of 

inspectors. 

There  being  a  vacancy  in  the  office  of  poll  clerk  (or  ballot  clerk)    (or 
,  a  duly  appointed  poll  clerk  (or  ballot  clerk),  being  absent  from 
the  meeting  of  inspectors   this  day)    in  election  district  No.  of  the 

(ward,  city  or  town)   of  ,  I   (or  we),  pursuant  to  the  elec- 

tion law,  do  hereby  appoint  ,  a  qualified  elector  of  said  district  and 

a  member  of  the  same  political  party  as  the  absent  poll  clerk   (or  ballot 
clerk),  to  fill  such  vacancy. 

Dated  this  day  of  ,  19    • 


(To  be  filed  with  the  returns.)  Inspectors  of  Election, 


28  The  Election  Law  of  1896. 

FORM  No.  5. 
Oath  for  elective  election  officerti. 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitution  of 
the  United  States  and  the  constitution  of  the  state  of  New  York,  and  that 
I  will  faithfully  discharge  the  duties  of  the  office  of  inspector  of  election, 
according  to  the  best  of  my  ability.  And  I  do  further  solemnly  swear  (or 
afRrm)  that  I  have  not  directly  or  indirectly  paid,  offered  or  promised  to 
pay,  contributed  or  offered  or  promised  to  contribute,  any  money  or  other 
valuable  thing  as  a  consideration  or  reward  for  the  giving  or  withholding  a 
vote  at  the  election  at  which  I  was  elected  to  said  office,  and  have  not  made 
any  promise  to  influence  the  giving  or  withholding  any  such  vote. 

(Signed)  

Subscribed  and  sworn  before  me, 

this        day  of  >  ^9    • 

In  addition  to  the  above  oath,  elective  officers  must  take  the  statutory 
oath  provided  for  in  subdivision  2,  section  24,  of  the  Election  Law  before 
the  opening  of  polls  on  election  day. 


FOBM  No.  6. 
Constitutional  and  statutory  oath  for  appointive  election  officers. 

I  do  solemnly  swear  I  will  support  the  constitution  of  the  United  States 
and  the  constitution  of  the  state  of  New  York,  and  that  I  will  faithfully 
discharge  the  duties  of  the  office  of  inspector  of  election  according  to  the 
best  of  my  ability. 

I  do  further  solemnly  swear  (or  affirm)  that  I  will  not  in  any  manner 
request,  or  seek  to  persuade,  or  induce  any  elector  to  vote  any  particular 
ticket,  or  for  any  particular  candidate,  and  that  I  will  not  keep  or  make  any 
memoranda  or  entry  of  anything  occurring  within  the  booth,  and  that  I  will 
not,  directly  or  indirectly,  reveal  to  any  person  the  name  of  any  candidate 
voted  for  by  any  elector,  or  which  ticket  he  has  voted,  or  anything  occurring 
within  the  voting  booth,  except  I  may  be  called  upon  to  testify  in  a  judicial 
proceeding  for  a  violation  of  the  election  law. 

(Signature  of  Appointee)  

Sworn  and  subscribed  to  this        day 
of  September,  1896,  before  me. 


Times,  Places,  Notices,  etc.,  of  Elections.  29 

FORM  No.  7. 
(See  §  15,  Election  Law.) 

Precept  in  case   of  refusal   to   obey  the  lawful  commands  of  the 

inspector. 

(Blank  precepts  should  be  provided  beforehand  and  be  in  possession  of  the 
board  ready  to  be  filled  up  for  use.) 

The  people  of  the  state  of  New  York  to  the  sheriff  of  the  (city  and) 
county  of  ,  or  any  constable,  peace  or  police  officer  of  said  (city 

or)  county : 

Whereas,  at  the  present  general  (or  special)  election,  held  in  and  for 
election  district  No.        ,  in  the  town  of  (or  in  the  ward 

of  the  city  of  ),  in  said  county,  did  willfully  and  inten- 

tionally obstruct  the  passageway  to  the  polls  of  the  said  election,  thereby 
hindering  and  preventing  free  access  to  the  said  poll,  in  open  and  known 
violation  of  the  command  of  us,  the  undersigned,  inspectors  of  this  election, 
previously  and  publicly  given  in  his  hearing.  You  are,  therefore,  hereby 
ordered  forthwith  to  arrest  the  said  ,  and  him  safely  keep  and 

detain  in  custody  until  (the  registration  of  electors  or  the  canvass  of  the 
votes  given  in  this  election  district  shall  be  completed.) 

Given  under  our  hands  and  seals  this        day  of  ,  18    . 


Deputation  to  be  written  on  back  of  precept  in  case  no  sheriff  or 
constable  is  present. 

No  sheriff  or  constable  being  present  we  hereby  depute  to  exe- 

cute the  within  process. 


FOBM  NO.  8. 

(See  §  15,  Election  Law.) 

Precept  in  case   of  disorderly   conduct  in  presence   or  hearing  of 

inspectors. 

The  people  of  the  state  of  New  York  to  the  sheriff  of  the  (city  and) 
county  of  ,  or  to  any  constable,  peace  or  police  officer  of  said 

county : 

Whereas,  at  the  present  general  (or  special)  election,  held  in  and  for 
election  district  No.         in  the  town  of  (or  in  the  ward  of 

the  city  of  ),  in  said  (city  and)  county,  ,  in  the  presence 

(or  in  the  hearing)  of  us,  the  undersigned,  inspectors  of  the  said  election, 
<iid  by  disorderly  conduct,  to  wit,  by  (here  describe  the  misconduct  particu- 


30  The  Election  Law  of  1896. 

larly,  as  by  loud  and  boisterous  noises,  or  by  violent  stamping,  or  by  as- 
saulting ,  etc.,  or  by  commencing  a  riot  and  afifray  with  divers 
persons,  or  as  the  case  may  be)  interrupt  and  disturb  the  proceedings  of  us, 
the  said  inspectors,  in  conducting  the  election.  You  are,  therefore,  hereby 
ordered  forthwith  to  arrest  the  said  ,  and  him  safely  detain  in 
custody  until  (the  registration  of  electors  or  the  canvass  of  the  votes  given 
in  this  election  district  shall  be  completed). 
Given  under  our  hands  and  seals,  this        day  of  ,  18    . 


FOBM  No.  9. 

(See  §  167,  Town  Law.) 

Bill  for  compensation  in  towns. 

Albany,  November       ,  18    . 
Town  of  Guilderland, 

To  John  Smith,  Inspector  of  Election,  Dr. 

1893 

Oct.  22.  To  attendance  at  meeting  for  registry $4  OO 

Nov.    9.  To  attendance  at  election  4  00 

1893. 

Nov.     9.  To  attendance  at  election 4  00 

10.  To  filing  election  returns,  etc.,  in  county  clerk's  office  *  . . .       5  00 
10.  To  mileage  in  filing  election  returns,  etc.,  in  county  clerk's 

office,  20  miles  at  4c.  *   80 

$17  80 
Received  payment, 

JOHN  SMITH. 

STATE  OF  NEW  YORK,  Albany  County,  ss.: 

John  Smith,  inspector  of  election  for  the  first  election  district  of  the  town 
of  Guilderland,  in  said  county,  being  duly  sworn,  deposes  and  says,  that 
the  items  contained  in  the  foregoing  account  are  correct,  and  that  the  serv- 
ices charged  therein  have  been  in  fact  rendered  and  that  no  part  thereof 

has  been  paid  or  satisfied. 

JOHN  SMITH, 

Inspector  of  Election. 

Sworn  to  before  me  this  day  of  18    . 

(The  above  oath  may  be  taken  before  the  chairman  of  the  town  board  or 
any  other  person  authorized  to  administer  oaths.) 

•  In  ooanty  seat  towns,  InBpectors  cannot  charge  for  this  service,  and  only  the  in- 
spector deBignated  to  file  retams  ehoold  Include  this  item  in  his  bilL 


Times,  Places,  Notices,  etc.,  of  Elections.  31 

FOBM  No.  10. 
Chairman's  certificate  of  service  in  cities. 

(See  §  12,  Election  Law.) 

N.  Y.,  November  3d,  1896. 

Election  district [Assembly  district  Ward,  Town.] 

To  the  [Mayor  of ,  or  Appointing  Board]  : 

I  hereby  certify,  pursuant  to  the  provisions  of  section  12  of  the  election 
law,  that  the  following  named  persons  served  as  election  officers,  in  the 
above-named  election  district,  for  and  at  the  general  election,  November  3d, 
1896,  on  the  dates  set  opposite  their  names  and  not  canceled : 

Signed 

Chairman  of  Board  of  Inspectors. 

Inspectors. 

Names.                             Residences.  Days  of  service. 

Oct.  9th,  10th,  16th,  17th,  Nov.  3d. 

Oct.  9th,  10th,  16th,  17th,  Nov.  3d. 

Oct.  9th,  10th,  16th,  17th,  Nov.  3d. 

.' Oct.  9th,  10th,  16th,  17th,  Nov.  3d. 

Oct.  9th,  10th,  16th,  17th,  Nov.  3d- 

Oct.  9th,  10th,  16th,  17th,  Nov.  3d. 


Poll-Clerkt. 


Ballot  Clerks. 


November  3d. 
November  3d, 
November  3d. 


November  3d. 
November  3d. 
November  3d. 


Use  of  Registration  and  Polling  Place. 
I  hereby  further  certify  that  the  place  designated  in  the  above-named  dis- 
trict for  registration  and  election  purposes  at  No was  used  for 

such  purposes  on  the  following  dates  which  are  not  erased :  October  9th, 
i6th,  17th,  November  3d,  1896. 

Signed  

Chairman  of  Board  of  Inspectors. 

Note. — The  chairman  of  the  board  of  inspectors  must  fill  out  this  certifi- 
cate at  the  close  of  the  canvass  and  return  it  to  the  mayor  or  board  appoint- 
ing such  officers  within  twenty-four  hours  thereafter.  In  the  case  of  any 
election  officer  who  has  not  served  on  any  of  the  dates  set  opposite  his  name 
the  chairman  should  draw  a  line  in  ink  through  such  date,  thus  canceling 
it.  The  names  of  persons  who  may  have  served  temporarily  as  election  of- 
ficers, but  who  are  not  entitled  to  pay  for  such  services,  must  uot  appear 
upon  this  certificate. 

Any  chairman  who  shall  willfully  mr.ke  a  false  certificate  is  guilty  of  a 
misdemeanor.    (Pt.  §  12,  Election  Law.) 


32  The  Election  Law  of  1896. 

ARTICLE   II. 

Registration  of  Electors. 

Section  30.  Meetings  for  registration.  ;; 

31.  Adding  and  erasing  names  on  register. 

32.  Forms  for  registration. 

33.  Method  of  registration. 

34.  General  provisions. 

35.  Certification  and  custody  of  register. 

36.  Delivery  of  blank  books   for  registration,  certificates  and  in- 

structions. 

§  30.  Meetings  for  registration. —  Before  every  general  elec- 
tion, the  board  of  inspectors  for  each  election  district  in  every 
city,  and  in  villages  having  five  thousand  inhabitants  or  more, 
shall  hold  four  meetings  for  the  enrollment  of  the  voters  thereof, 
at  the  place  designated  therefor,  to  be  known  respectively  as  the 
first,  second,  third  and  fourth  meetings  for  registration.  The 
said  meetings  shall  be  held  in  every  city,  and  in  villages  having 
five  thousand  inhabitants  or  more  except  in  the  city  of  New 
York,  on  the  fourth  Friday,  fourth  Saturday  and  the  third  Fri- 
day and  third  Saturday  before  such  election.  In  the  city  of 
New  York  the  said  meetings  shall  be  held  on  the  twenty-ninth, 
twenty-eighth,  twenty-fourth  and  twenty-second  days  before  such 
election.  Each  meeting,  if  in  cities  of  the  first  class,  shall  begin 
at  seven  o'clock,  if  elsewhere,  at  eight  o'clock  in  the  forenoon, 
and  continue,  if  in  cities  of  the  first  class,  until  ten  o'clock,  if 
elsewhere,  until  nine  o'clock  in  the  evening.  In  all  election  dis- 
tricts other  than  in  cities  or  villages  having  five  thousand  inhabit- 
ants or  more,  the  board  of  inspectors  of  election  for  each  such 
election  district  shall  hold  two  meetings  for  the  registration  of 
electors  thereof,  at  the  places  designated  therefor,  before  each 
general  election,  namely,  on  the  fourth  and  third  Saturday  before 
the  election,  to  be  known  respectively  as  the  first  and  second 
meetings  for  registration,  which  meetings  shall  begin  at  nine 
o'clock  in  the  forenoon  and  continue  until  nine  o'clock  in  the 
evening.  The  board  of  inspectors  of  election  shall  also,  if  ordered 
so  to  do  by  the  supreme  court,  or  a  justice  thereof,  or  a  county 
judge,  as  provided  in  section  thirty-one  of  the  election  law,  meet 
on  the  second  Saturday  before  each  general  election  for  the 
purpose  of  correcting  the  registers  by  adding  to  or  striking 
off  the  name  of  any  person  as  directed  by  such  order.  It  shall 
be  the  duty  of  each  inspector  of  election  to  make  a  note  on  the 
registers  opposite  the  name  of  each  person  so  enrolled,  or  so 
stricken  off.  of  the  date  of  such  order,  and  the  court,  justice  or 
judge  issuing  the  same.  If  any  special  or  other  election  other 
than  a  general  election  shall  be  ordered  or  held  in  any  city  or 
village,  the  inspectors  of  election  of  the  various  election  districts 
in  which  such  special  or  other  election  is  to  be  held,  shall  meet 
in  their  respective  districts  at  the  place  designated  therefor,  on 


Registration  of  Electors.  33 

the  second  Saturday  preceding  such  election,  from  eight  o'clock 
in  the  forenoon  to  ten  o'clock  in  the  evening  for  the  purpose  of 
revising  and  correcting  the  register  of  electors  as  hereinafter 
provided.  No  inspector  shall  on  any  day  for  registration  be 
absent  during  the  hours  fixed  for  enrolling  the  names  of  electors. 
Each  political  party  or  independent  body  duly  filing  or  entitled  to 
file  certificates  of  nominations  of  candidates  for  oflfices  to  be 
filled  at  any  such  election,  may,  by  a  writing  signed  by  the  duly 
authorized  county,  city,  town  or  village  committee  of  such  politi- 
cal party  or  independent  body,  or  by  the  chairman  or  secretary 
thereof  charged  with  that  duty  and  delivered  to  one  of  the  in- 
spectors of  election,  appoint  not  more  than  two  watchers  to 
attend  any  meeting  or  meetings  of  inspectors  for  an  election 
district  in  cities  and  villages  having  five  thousand  inhabitants  or 
more  held  for  the  enrollment  of  the  voters  thereof.  Such  watch- 
ers may  be  present  at  such  polling  place,  and  within  the  guard 
rail,  from  at  least  fifteen  minutes  before  the  commencement  of 
the  said  meeting  until  after  the  completion  of  the  duties  of  the 
board  of  inspectors  for  that  day  of  registration.  (Thus  amended 
by  chap.  300,  L.  1901,  and  chap.  675,  L.  1905,  in  effect  June  i, 

1905-) 

Registration  to  be  completed  at  least  ten  days  before  each  election. 
(See  §  4,  art.  2,  Const.,  post.) 

No  part  of  registration  days  a  holiday. —  "  No  part  of  a  day  fixed  for 
the  registration  of  electors  shall  be  deemed  a  holiday  so  as  to  affect  any 
meeting  or  proceeding  of  the  board  of  inspectors  for  registration."  (Sub- 
dh'isiou  5.  §  34,  Election  La^v.) 

No  registration  of  electors  required  for  town  or  village  elections.  (5"^^ 
§  2)2)^  Election  Laiu,  last  lines;  §  4,  art.  2,  Const.,  post.) 

The  statutory  provision  as  to  closing  the  meetings  for  registration  at  a 
certain  hour  refers  to  the  closing  of  the  place  of  registration,  and  in- 
spectors should  not  refuse  to  register  those  who  are  at  present  within  the 
place  of  registration  at  the  time  for  closing.  (People  ex  rel.  Cass  v. 
Hosmer,  2  How.  [N.  S.l  472.) 

Misconduct  of  registry  officers.—  Punishable  by  imprisonment  for  not 
less  than  two  nor  more  than  ten  years.     (See  §  41c,  Penal  Code,  post.) 

§  31.  Adding*  and  erasing  names  on  register. —  If  the  board  of 
inspectors  at  any  meeting  for  the  registration  of  electors  shall 
have  neglected  or  refused  to  place  upon  the  register  of  electors 
the  name  of  any  person  who  is  entitled  to  have  his  name  placed 
thereon,  application  may  be  made  to  the  supreme  court,  or  any 
justice  thereof  in  the  judicial  district  in  which  such  election  dis- 
trict is  located,  or  of  a  county  adjoining  such  judicial  district,  or 
to  a  county  judge  of  the  county  in  which  such  election  district 
is  located,  on  a  day  at  least  two  days  prior  to  the  second  Satur- 
day before  any  election,  for  an  order  to  place  such  name  upon 
the  register  of  electors;  and  such  court,  justice  or  judge  may, 
upon  sufificient  evidence,  and  upon  such  notice  of  not  less  than 
twenty-four  hours  to  the  board  of  inspectors,  and  such  other  per- 
sons interested  of  such  application  as  the  court,  justice  or  judge 
may  require,  order  such  inspectors  to  convene  as  a  board  of  regis- 


34  The  Election  Law  of  1896. 

tration  on  the  second  Saturday  before  such  election,  and  to  add 
the  name  of  such  person  to  such  register  of  electors,  and  such 
register  shall  be  corrected  accordingly ;  but  no  court,  justice  or 
judge  shall  order  the  name  of  any  person  to  be  added  to  the 
register  of  electors  unless  it  shall  have  been  omitted  therefrom 
through  the  fault,  error  or  negligence  of  the  election  officers. 
In  case  the  name  of  any  person  who  will  not  be  qualified  to 
vote  in  such  election  district,  at  the  election  for  which  such 
registration  is  made,  shall  appear  upon  such  register,  application 
mav  be  made  in  like  manner  by  any  elector  of  the  town  or  city  in 
which  such  election  district  is  located  to  any  court,  justice  or 
judge  hereinbefore  designated,  for  an  order  striking  such  name 
from  the  register,  and  such  court,  justice  or  judge  may,  upon 
sufficient  evidence,  and  upon  such  notice  of  not  less  than  twenty- 
four  hours  to  the  person  interested  of  such  application  as  the 
court,  justice  or  judge  may  require,  served  either  personally 
or  by  depositing  the  same  in  the  post-office  addressed  to  said 
person  by  his  name,  and  at  the  address  which  appears  in  the 
register  certified  by  the  inspectors  of  election,  proceed  to  con- 
vene the  board  of  inspectors  as  provided  herein  for  adding  a 
name,  and  may  order  such  board  to  strike  such  name  from  such 
register  of  electors,  and  such  register  shall  be  corrected  accord- 
ingly. In  all  applications  in  the  metropolitan  elections  district 
to  strike  the  names  of  electors  from  the  register  under  this  sec- 
tion an  affidavit  by  the  state  superintendent  of  elections  for  the 
metropolitan  elections  district,  or  any  of  his  deputies  when  duly 
directed  by  the  state  superintendent  of  elections  for  that  purpose, 
that  investigation  was  made  by  them  pursuant  to  the  provisions 
of  section  six  of  the  metropolitan  elections  district  law,  and  that 
the  affiant  did  visit  and  inspect  the  premises  claimed  by  the 
elector  as  his  residence,  and  did  interrogate  an  inmate,  house- 
dweller,  keeper,  care-taker,  owner,  proprietor  or  landlord  thereof 
or  therein  as  to  the  said  elector's  residence  therein  or  thereat, 
and  that  the  said  affiant  was  informed  by  one  or  more  of  said 
persons,  naming  them,  that  they  were  acquainted  with  and  knew 
the  persons  residing  therein  or  thereat,  and  that  the  elector  did 
not  reside  at  said  premises  thirty  days  before  election,  shall  be 
presumptive  evidence  against  the  right  of  the  elector  to  register 
from  such  premises,  which  may  be  rebutted  only  by  the  oral  testi- 
mony under  oath  or  affidavit  o'f  the  elector  whose  name  is  sought 
to  be  stricken  from  the  register.  (Thus  amended  by  chap.  675, 
L.  1905.  in  effect  June  i,  1905.) 

A  judge  at  chambers  may  order  a  name  stricken  from  the  registry  list, 
but  only  in  cases  where  there  is  absoUitely  no  doubt  as  to  the  fact  that 
the  voter  is  not  and  cannot  become  qualified.  If  there  is  dispute  as  to 
the  facts  the  voter  should  be  left  to  swear  in  his  vote  at  his  peril.  {Mat- 
ter of  Goodman,  146  N.  Y.  284.) 

A  provision  in  an  order  to  show  cause  why  the  name  of  an  alleged  voter 
should  not  be  stricken  from  the  registry  list  of  voters,  that  notice  thereof 


Registration  of  Electors.  35 

should  be  given  to  other  persons  is  merely  surplusage.  (Matter  of  Grif- 
fith, N.  Y.  State  Reporter,  542.) 

Matter  of  Hamilton  (80  Hun,  511),  and  Matter  of  Ward  (48  N.  Y.  St. 
Rep.  613),  holding  that  a  judge  can  compel  a  name  to  be  added  to  or 
stricken  from  the  registry  list  only  when  the  inspectors  have  failed  in 
their  ministerial  duty  in  placing  the  name  upon  the  list  when  the  applicant 
has  taken  the  reciuir'ed  oaths,  etc.,  were  practically  overruled  by  Matter  of 
Goodman  (146  N.  Y.  284). 

Elector  registering  in  wrong  district  afforded  no  ground  for  relief  under 
this  section.     (53  N.  Y.  Supp.   1071.) 

Registration  of  student  at  seminary. —  A  student  at  a  seminary  in  this 
state  who  before  taking  up  his  abode  at  the  seminary  had  a  residence  else- 
where within  tiie  United  States  is  not  entitled  to  registration  in  the  elec- 
tion district  in  which  the  seminary  is  situated,  unless  it  appears  that,  by 
some  unequivocal  act,  independent  of  his  attendance  at  the  seminary,  he 
has  abandoned  such  other  residence.  {Matter  of  McCormack,  86  App. 
Div.  362.  83  N.  Y.  Supp.  847-) 

Application  to  strike  the  name  of  a  registered  elector  from  the  registry 
list  will  be  denied  where  there  is  any  dispute  about  the  facts,  or  grounds 
for  different  inferences.  Where  it  appears  that  the  name  of  a  proposed 
elector  is  not  upon  the  sworn  statement  filed  by  the  keeper  of  the  lodging- 
house  from  which  a  voter  has  registered,  a  presumption  arises'  that  he 
does  not  reside  at  the  place  named,  and  is  not  entitled  to  remain  upon  the 
registry  list.     (Matter  of  Jacobs,  45  Misc.  113,  91  N.  Y.  Supp.  596.) 

§  S2-  Subdivision  i.  Where  personal  registration  is  required.— 
The  board  of  inspectors  of  each  election  district  in  the  state  shall, 
at  their  meetings  for  registration  for  the  general  election  in  each 
year,  make  a  quadruplicate  register  —  one  copy  by  each  inspector 
—  in  the  forms  hereinafter  prescribed  in  this  subdivision  and  in 
subdivision  two  of  this  section,  of  those  persons,  and  none  other, 
who  are  or  will  be  qualified  to  vote  in  such  district  at  such  elec- 
tion, which  register,  when  finally  completed,  shall  be  the  register 
of  electors  of  the  district  for  such  election.  Such  register  shall 
also  be  used  at  all  other  elections  held  in  such  district  during 
the  year  succeeding  the  election  for  which  it  is  made,  except 
for  town  meetings  and  village  elections  for  which  no  registration 
is  required.  In  all  election  districts  in  which  personal  registra- 
tion of  all  electors  is  required,  the  register  shall  be  arranged  in 
nineteen  columns  and  the  leaves  thereof  shall  be  indexed  from 
A  to  Z.  In  the  first  column  of  such  register  there  shall  be  en- 
tered at  the  time  of  the  completion  of  the  registration  on  the  last 
day  for  registration,  a  number  opposite  the  name  of  each  num- 
ber so  enrolled,  beginning  with  "  i  "  opposite  the  first  name  en- 
tered on  the  page  indexed  A  and  continuing  in  numerical  order 
to  and  including  the  last  name  entered  upon  the  last  page  of 
such  register.  On  each  day  of  registration  there  shall  be  entered 
in  the  second  column  thereof  the  surname  of  such  persons  in  the 
alphabetical  order  of  the  first  letter  thereof,  on  the  page  bearing 
the  index  letter  of  such  surname  and  in  the  third  column  the 
christian  name  or  names  of  such  persons  respectively.  In  the 
fourth  column  shall  be  entered  the  residence  number  or  other 


36  The  Election  Law  of  1896. 

designation,  and  in  the  fifth  cohimn  the  name  of  the  street  or 
avenue  of  such  residence  or  a  brief  description  of  the  locality 
thereof.  In  the  sixth  column  shall  be  entered  the  number  of 
the  floor  or  room  occupied  by  the  elector  at  the  residence  given 
by  him,  and  in  the  seventh  colunm  shall  be  entered  his  age,  in 
the  eighth,  ninth  and  tenth  columns  shall  be  entered  his  length 
of  residence  by  years,  months  and  days  as  the  case  may  be  in  the 
state,  county  and  election  district,  respectively  ;  and  in  the  eleventh 
column  shall  be  entered  the  country  of  his  nativity,  which  shall 
mean  the  country,  state  or  province  of  the  elector's  birth,  irre- 
spective of  his  former  political  allegiance.  In  the  twelfth  col- 
umn, if  he  be  a  naturalized  citizen,  shall  be  entered  the  date  of 
the  naturalization  certificate  under  which  he  claims  citizenship 
and  in  the  thirteenth  column  shall  be  entered  the  designation  of 
the  court  issuing  such  naturalization  certificate.  In  the  four- 
teenth, fifteenth,  sixteenth  and  seventeenth  columns  shall  be  en- 
tered respectively  the  name  of  the  state,  the  city  or  town  and 
the  number  and  name  of  the  street  or  avenue  of  the  residence 
of  such  person  from  which  he  last  registered  or  voted,  and  the 
year  in  which  he  last  registered  or  voted.  In  the  eighteenth 
column  shall  be  entered  the  date  of  the  registration  of  the  elector. 
The  nineteenth  column  shall  be  reserved  for  entering  the  con- 
secutive number  on  the  stub  of  the  official  ballot  voted  by  the 
elector  on  election  day.  In  the  twentieth  column  shall  be  en- 
tered, opposite  the  name  of  each  elector,  under  the  heading  "  re- 
marks "  the  facts  regarding  challenges,  oaths  and  other  facts 
affecting  such  elector  required  to  be  recorded.  (Thus  amended 
b\  chap.  113,  L.  1901,  and  chap.  6y^,  L.  1905,  in  effect  June  1, 

Subdivision  2.  In  all  election  districts  in  which  personal  regis- 
tration of  all  electors  is  not  required  the  register  shall  be  arranged 
in  eight  columns.  In  the  first  column  of  such  register  there  shall 
be  entered  at  the  time  of  the  completion  of  such  registration  on 
the  last  day  thereof,  a  number  opposite  the  name  of  each  person 
so  enrolled,  commencing  with  "  i  "  and  continuing  in  numerical 
order.  On  each  day  of  registration  there  shall  be  entered  in  the 
second  column  thereof  surnames  of  sirch  persons  in  the  alphabeti- 
cal order  of  the  first  letter  thereof,  and  in  the  third  column  the 
christian  names  of  such  persons  respectively.  In  the  fourth  col- 
umn shall  be  entered  the  residence  number  or  other  designation, 
and  in  the  fifth  column  the  name  of  the  street  or  avenue  of  such 
residence,  and  a  brief  description  of  the  locality  thereof.  In  the 
sixth  column  shall  be  entered  the  date  on  which  the  elector  was 
registered.  The  seventh  column  shall  be  reserved  for  entering 
the  consecutive  number  on  the  stub  of  the  official  ballot  voted  by 
the  elector  on  election  day.  In  the  eighth  column  shall  be  en- 
tered opposite  the  name  of  each  elector,  under  the  heading  of 
"  remarks,"  the  facts  regarding  challenges,  oaths  and  other  facts 


Registration  of  Electors.  37 

affecting  such  elector  required  to  be  recorded.     (Thus  amended 
by  chap.  630,  L.  1899.) 

Subdivision  3.  Delivery  of  registry  lists. —  In  cities  of  the  first 
and  second  class,  the  board  of  inspectors  of  each  election  district 
shall,  immediately  after  the  close  of  the  last  day  of  registration, 
make  and  complete  one  list  of  all  persons  enrolled  in  their  re- 
spective districts,  in  the  numerical  order  of  the  street  numbers 
thereof,  which  list  shall  be  signed  and  certified  by  the  board  of 
inspectors.  Such  list  shall  be  delivered  by  the  chairman  of  the 
board  of  inspectors  to  the  police  captain  of  the  precinct  in  which 
the  election  district  is  located^  or  an  officer  thereof,  who  shall 
forthwith  deliver  the  same,  if  in  the  city  of  New  York,  to  the 
board  of  elections  and  if  in  the  city  of  Buffalo  to  the  commissioner 
of  elections,  and  in  cities  of  the  second  class,  to  the  county  clerk 
of  the  county  in  which  such  city  is  located.  The  board  of  elec- 
tions of  the  city  of  New  York  and  the  said  commissioner  of  elec- 
tions and  the  county  clerk  in  the  said  cities  of  the  second  class 
shall,  as  soon  as  possible  after  the  delivery  of  such  lists,  and  not 
less  than  six  days  prior  to  the  day  of  election,  print  in  pamphlet 
form  for  each  assembly  district  or  ward  within  such  respective 
cities  not  less  than  fifty  times  as  many  copies  of  said  list  as  there 
are  election  districts  in  such  assembly  district  or  ward,  so  that 
each  assembly  district  or  ward  pamphlet  shall  contain  the  lists 
of  the  several  election  districts  in  such  assembly  district  or  ward. 
Upon  the  written  application  of  the  chairman  of  the  executive 
committee  of  the  county  committee  of  any  political  party  entitled 
to  a  separate  column  upon  the  official  ballot  to  be  voted  in  such 
city  at  the  election  for  which  the  registration  is  made,  the  said 
board  and  said  commissioner  of  elections  and  said  county  clerk 
shall  respectively  deliver  to  such  chairman  five  copies  of  each 
assembly  district  or  ward  pamphlets  for  each  election  district 
within  such  assembly  district  or  ward  in  such  county.  Two  pam- 
phlets containing  the  lists  of  the  registered  persons  in  the  election 
districts  within  his  precinct  shall  be  furnished  to  each  police 
captain  in  such  cities,  and  it  shall  be  the  duty  of  such  police 
captains  to  forthwith  cause  an  investigation  of  each  name  regis- 
tered to  be  made  and  to  report  to  his  commanding  officer  and  to 
the  board  of  elections  and  to  the  said  commissioner  of  elections 
any  case  of  false  registration  found  in  his  precinct.  The  remain- 
ing pamphlets  so  printed  shall  be  distributed  in  the  discretion 
of  the  said  board,  and  said  commissioner  of  elections  and  said 
county  clerk,  who  shall  have  respectively  the  power  to  charge 
for  each  pamphlet  a  sum  not  exceeding  ten  cents  a  copy  and  any 
moneys  resulting  from  the  sale  thereof  shall  be  paid  to  the 
comptroller  of  the  city  for  the  benefit  of  the  treasury  of  such 
city.  The  board  of  elections  shall  contract  for  the  printing  of 
such  lists  of  registered  voters  with  whomsoever  it  may  seem  to 
said  board  to  be  most  advantageous  to  so  contract,  but  such  con- 


38  The  Election  Law  of  1896. 

tract  shall  only  be  awarded  after  proper  public  notice  and  to  the 
lowest  bidder.'  Such  lists  shall  be  made  and  printed  as  near  as 
may  be  in  the  following  form,  to  wit : 

GRAND  STREET. 

Residence  number  or 

other  desii^nation.  Name  of  voter. 

14. '  Smith,  John  M. 

15.  Jones,  Charles  M. 

(Thus  amended  by  chap.  95,  L.  1901,  and  chap.  643,  L.  1905^ 
ifj  effect  May  26,  1905.) 

Ijispectors  have  no  right  to  refuse  enrollment.— If  an  applicant  for 
registration  makes  the  proper  statement  and  takes  the  required  oath  or 
affirmation,  his  name  must  be  entered  on  the  list  of  voters,  and  the  in- 
spectors have  no  discretion  or  right  to  refuse  it.  The  law  makes  it  their 
duty  to  do  so,  yet  if  a  person  who  has  been  refused  and  applies  to  the 
court  for  a  mandamus  against  the  inspectors  and  it  appears  that  he  had  no 
right  to  register  and  was  not  in  fact  a  qualified  voter,  would  the  court  com- 
pel the  inspectors  to  register  him  and  then  place  him  in  a  position  that  he 
may  cast  a  legal  vote?     {Sherwood  v.  Bd.  Canvassers,  129  N.  Y.  360.) 

Board  of  registration  act  only  ministerially  in  receiving  an  registering 
the  names  of  voters,  and  must  therefore  register  all  who  conform  in  their 
application  for  registration  to  the  formal  requirement  of  the  law,  but  must 
refuse  registration  to  any  who  fail  in  such  conformation.  (Matter  of  Ham- 
ilton. 80  Hun,  511  ;   People  ex  rel.  Stapleton  v.  Bell,  119  N.  Y.  175.) 

Entries  to  be  made  in  registers  regarding  challenges,  oaths,  etc. — 

1.  The  words  "  to  be  challenged  "  shall  be  placed  opposite  the  names  of 
persons  registered  if  any  elector  of  the  district  shall  make  oath  that  he  has 
reason  to  believe  that  any  person  on  the  register  of  electors  will  not  be  a 
qualified  voter  at  the  next  election.     (See  §  34,  subd.  7,  Election  Law.) 

2.  The  fact  that  the  statement  filed  with  inspectors  by  persons  claiming 
to  be  persons  mentioned  and  referred  to  in  subdivision  two  of  section 
thirty-four  of  the  election  laws  is  attached  to  register  shall  be  noted  in  the 
register  opposite  the  name  of  the  person  so  enrolled.  (See  §  34,  subd.  i, 
Election  Law.) 

3.  The  inspectors  are  required  to  make  a  note  upon  the  register  of  each 
instance  in  which  an  oath  of  illiteracy  or  physical  disability  is  adminis- 
tered, and  of  the  cause  or  reason  assigned.  (See  §  34,  subd.  3,  Election 
Law.) 

4.  Inspectors  are  to  make  a  note  upon  the  registers,  opposite  the  names 
of  persons  enrolled  or  stricken  oflF  therefrom  by  order  of  court,  justice  or 
judge,  of  the  date  of  such  order,  and  the  court,  justice  or  judge  issuing  it. 
{See  §  30,  Election  Law.) 

Registers,  certificates,  instructions,  etc.,  to  be  furnished  each  elec- 
tion district  by  the  secretary  of  state  through  the  county  clerk.  (Election 
Law,  §  36,  subd.  I.) 


Registration  of  Electors.  39 

Mutilation,  destruction  or  loss  of  registry  list  a  misdemeanor.  (See 
§  41b,  Penal  Code,  post.) 

Failure  of  housedwellers  to  answer  inquiries  a  misdemeanor.  (See 
%  4id,  Penal  Code,  post.) 

Alteration,  mutilation,  removal,  etc.,  of  public  copy. — "  Any  person 
who  shall  alter,  mutilate,  destroy  or  remove  from  the  place  of  registration 
the  public  copy  of  such  registration,  shall  be  guilty  of  a  felony,  and  shall 
be  punished  upon  conviction  thereof  by  imprisonment  in  a  state  prison  for 
not  less  than  two  nor  more  than  five  years,  unless  otherwise  provided  by 
law."     (Part  subd.  2  §  35,  Election  Law.) 

Lodging-house  keepers  in  cities  of  first  class  to  keep  register. — 
"  The  proprietor,  lessee  or  keeper  of  a  licensed  lodging-house  in  a  city  of 
the  first  class,  shall  between  September  first  and  November  fifteenth,  of 
each  year,  keep  a  daily  register  of  lodgers  within  such  lodging-houses." 
(§  no,  chap.  327,  L.  1900.) 

Beturns  of  lodgers  to  board  of  health. — "  The  proprietor,  lessee  or 
keeper  of  a  lodging-house  shall,  during  the  period,  between  September 
first  and  November  fifteenth,  make  sworn  fortnightly  returns  to  the  board 
of  health  of  such  city,  according  to  the  general  regulations  and  upon  blank 
forms  to  be  prescribed  by  such  board,  containing  the  names  of  the  lodgers 
therein  during  the  twenty-four  hours  preceding  the  making  of  such  re- 
turn, and  the  facts  as  to  each  required  to  be  stated  in  such  register."  (§  112, 
chap.  327,  L.  1900.) 

Penalties  for  violations  by  lodging-house  keepers. — "  A  violation  of 
the  preceding  sections  of  this  article  by  the  proprietor,  lessee  or  keeper  of  a 
licensed  lodging-house  in  a  city  of  the  first  class  shall  be  a  misdemeanor 
and  punishable  by  a  fine  of  ten  dollars  or  by  imprisonment  for  ten  days  for 
each  and  every  offense  and  shall  cause  the  license  of  such  lodging-house 
to  be  revoked."     (§  115,  chap.  327,  Law  1900.) 

Lodging  house  and  hotel  keepers  in  metropolitan  elections  district 
to  keep  register  of  guests  and  make  report  twenty-nine  days  before  election. 
(See  §  9,  chap.  676,  L.  1898,  as  amended  by  chap.  684,  L.  igoo,  post.) 

§  33.  Method  of  registration. — Subdivision  i.  In  cities  and  in 
villages  having  five  thousand  inhabitants  or  more,  the  names  of' 
such  persons  only  as  personally  appear  before  the  inspectors,  and 
who  are  or  who  will  be  at  the  election  for  which  the  registration 
is  made,  qualified  electors,  shall  be  enrolled  upon  the  register  at  a 
meeting  for  registration  for  a  general  election,  except  that  when- 
ever any  election  district  in  a  village  having  five  thousand  inhabit- 
ants or  more  shall  embrace  within  its  boundaries,  territory  with- 
out the  limits  of  such  village,  the  inspectors  shall,  at  their  first 
meeting  for  registration  for  a  general  election  place  upon  such 
register  the  names  of  all  persons  appearing  on  the  register  of  the 
last  precedmg  general  election,  who  resided  without  the  limits  of 


40  The  Election  Law  of  1896. 

such  village,  but  within  the  election  district,  who  voted  at  such 
last  preceding  general  election,  except  the  names  of  such  electors 
who  are  proven  to  the  satisfaction  of  such  inspectors  to  have 
ceased  to  be  electors  since  such  general  election,  or  have  moved 
within  the  limits  of  such  village.  They  shall  also  place  upon 
such  register,  at  their  first  and  subsequent  meetings,  the  names 
of  all  other  persons  known  or  proven  to  their  satisfaction,  who 
are  or  will  be  entitled  to  vote  at  the  election,  who  reside  within 
such  election  district,  but  without  the  limits  of  such  city  or  vil- 
lage. 

Subdivision  2.  At  the  first  meeting  for  registration  in  all 
election  districts  where  only  two  meetings  for  the  enrollment 
of  electors  are  heldl  for  any  general  election,  as  provided  in 
section  thirty  of  the  election  law,  the  inspectors  shall  at  such 
first  meeting,  place  upon  the  register  the  names  of  all  persons 
who  voted  at  the  last  preceding  general  election,  as  shown  by 
the  register  or  poll  book  of  such  election,  except  the  names  of 
such  electors  as  are  proven  to  the  satisfaction  of  such  inspectors 
to  have  ceased  to  be  electors  in  such  district  since  such  general 
election,  and  also  at  said  first  meeting  and  at  the  second  meeting, 
they  shall  place  on  the  register  the  names  of  all  persons  known 
or  proven  to  the  satisfaction  of  the  inspectors,  who  are,  or  will 
be,  entitled  to  vote  at  the  election  for  which  such  registration  is 
made.     (Subdivision  renumbered  by  chap.  630,  L.  1899.) 

Subdivision  3.  At  the  meeting  of  the  board  of  inspectors  in 
a  city  or  village  having  five  thousand  inhabitants  or  more,  for 
revising  and  correcting  the  register  for  any  election  other  than 
a  general  election,  the  inspectors  shall  retain  upon  the  register 
of  their  respective  districts,  the  names  of  all  persons  qualified 
to  vote  at  such  election  in  such  district,  which  appear  upon  the 
register  of  electors  for  the  last  preceding  general  election  in  such 
election  district,  except  the  names  of  such  electors  as  are  proven 
to  the  satisfaction  of  the  inspectors  to  have  ceased  to  be  electors 
of  such  district  since  their  names  were  placed  upon  such  register, 
and  shall,  at  such  meeting,  add  only  to  such  register  the  names 
of  the  persons  qualified  as  electors,  who  shall  personally  appear 
before  the  board.  If.  however,  such  elector  resides  within  such 
election  district,  but  without  the  limits  of  such  village,  his  name 
shall  be  placed  upon  such  register,  if  it  is  shown  to  the  satisfac- 


Registration  of  Electors.  41 

tion  of  such  board  that  lie  is  entitled  to  vote  therein.  In  cities 
of  the  first  class  any  elector  who  was  enrolled  upon  the  register 
in  an  election  district  of  such  city  at  the  last  preceding  general 
election,  and  who  since  that  time  shall  have  removed  into  another 
election  district  in  the  same  city,  and  who  is  otherwise  quali- 
fied to  vote  at  such  special  election,  shall,  upon  demand,  receive 
from  the  board  of  inspectors  of  the  district  in  which  his  name 
was  enrolled  for  such  last  preceding  general  election,  a  certifi- 
cate duly  signed  by  the  said  board  of  the  fact  that  his  name  was 
upon  such  register,  and  has  been  erased  therefrom  because  of 
such  removal,  and  his  name  shall  thereupon  be  erased  from  such 
register.  Upon  presentation  of  such  certificate  by  the  elector  to 
the  board  of  inspectors  of  the  election  district  in  which  he  re- 
sides, his  name  shall  be  placed  upon  the  register  for  such  district. 
The  inspectors  must  note  upon  the  register  opposite  the  name 
of  such  elector,  the  fact  of  such  certificate  of  removal,  specifying 
the  election  district  from  which  he  has  removed.  They  shall 
carefully  attach  such  certificate  to  the  register.  No  elector  shall 
cause  his  name  to  be  placed  upon  the  register  of  an  election 
district  for  any  election  other  than  a  general  election,  while  his 
name  shall  appear  upon  the  register  of  another  district  to  be 
used  at  such  election.  Any  person  who  shall  violate  this  provi- 
sion is  guilty  of  a  felony,  and  upon  conviction  shall  be  punished 
by  imprisonment  in  a  state  prison  for  not  less  than  two  or  more 
than  five  years.  In  all  election  districts  other  than  in  cities  or 
in  villages  of  five  thousand  inhabitants  or  more,  the  board  of 
inspectors  in  preparing  for  an  election  other  than  a  general 
election  shall  add  to  the  register  for  the  last  preceding  general 
election,  the  names  of  such  electors  as  they  know  or  are 
satisfied  by  proof  will  be,  on  the  day  of  such  election^  entitled 
to  vote  thereat,  and  shall  strike  therefrom  the  name  of  all  per- 
sons whom  they  know  or  are  satisfied  by  proof  have  ceased  to  be 
qualified  electors  of  such  election  district.  No  registration  of 
electors  shall  be  required  for  town  or  village  elections.  (Subdivi- 
sion renumbered  by  chap.  630,  L.  1899.) 

Electors  cannot  be  deprived  of  their  votes  because  of  the  failure  of 
the  inspectors  to  comply  with  the  requirements  of  the  law  in  preparing  the 
registers.     (People  ex  rcl.  Frost  v.  Wilson,  62  N.  Y.  186.) 

Laws  shall  be  made  for  the  registration  of  voters;  which  registra- 
tion shall  be  completed  at  least  ten  days  before  each  election.  Such  regis- 
tration shall  not  be  required  for  town  and  village  elections  e.xcept  by  ex- 
press provision  of  law.  In  cities  and  certain  villages,  voters  shall  be  regis- 
tered  upon    personal    application    only ;    but    voters    not    residing    in    such 


42  The  Election  Law  of  1896. 

cities  or  villages  shall  not  be  required  to  apply  in  person  for  registration  at 
the  first  meeting  of  the  officers  having  charge  of  the  registry  of  voters. 
(§4,  art.  2,  Constitution,  post.) 

§34.  General  provisions. —  Subdivision  i. —  Qnalification  of 
elector. — A  person  is  a  qualified  elector  in  any  election  district 
for  the  purpose  of  having  his  name  placed  on  the  register  if  he  is 
or  will  be,  on  the  day  of  the  election,  qualified  to  vote  at  the 
election  for  which  such  registration  is  made.  A  qualified  elector 
is  a  male  citizen  who  is  or  will  be  on  the  day  of  election  twenty- 
one  years  of  age,  who  has  been  an  inhabitant  of  the  state  for  one 
year  next  preceding  the  election,  and  for  the  last  four  months  a 
resident  of  the  county,  and  for  the  last  thirty  days  a  resident  of 
the  election  district  in  which  he  may  oflfer  his  vote.  If  a 
naturalized  citizen,  he  must,  in  addition  to  the  foregoing  provis- 
ions, have  been  naturalized  at  last  ninety  days  prior  to  the  day 
of  election. 

Subdivision  2.  For  the  purpose  of  registering  and  voting  no 
person  shall  be  deemed  to  have  gained  or  lost  a  residence,  by 
reason  of  his  presence  or  absence  while  employed  in  the  service 
of  the  United  States,  nor  while  engaged  in  the  navigation  of  the 
waters  of  this  state,  or  of  the  United  States,  or  of  the  high  seas ; 
nor  while  a  student  of  any  seminary  of  learning ;  nor  while  kept 
at  any  almshouse  or  other  asylum,  or  institution  wholly  or  partly 
supported  at  public  expense,  or  by  charity;  nor  while  confined 
in  any  public  prison.  Any  person  claiming  to  belong  to  any  class 
of  persons  mentioned  and  referred  to  in  this  subdivision  shall 
file  with  the  board  of  inspectors  at  the  time  of  registration  a 
written  statement  showing  where  he  is  actually  domiciled,  his 
business  or  occupation,  his  business  address,  and  to  which  class 
he  claims  to  belong.  Such  statement  shall  be  attached  to  the 
register,  and  be  open  for  public  inspection,  and  the  fact  thereof 
shall  be  noted  in  the  register  opposite  the  name  of  the  person  so 
enrolled. 

Qualifications,  privileges  and  disabilities  of  voten^. —  For  more  full 
and  detailed  provisions  relating  to  qualification,  etc.,  of  voters,  see  articles 
entitled,  "Voters,"  "Citizenship"  and  "Naturalization"  in  the  last  pages 
of  this  book. 

Inmate  of  hospital —  A  person  who  remained  in  a  hospital,  supported 
at  public  expense,  after  his  recovery,  and  who  was  engaged  in  the  perform- 
ance of  certain  services  for  which  he  received  his  board  and  clothing,  was 
kept  at  the  hospital  and  could  not  gain  a  residence  there,  and  was  there- 
fore not  entitled  to  vote  from  such  hospital.  (People  ex  rel.  McShane  v. 
Hagan,  48  App.  Div.  203;  62  N.  Y.  Supp.  816.) 

A  student  in  a  seminary,  maintained  for  the  education  of  Catholic  priests, 
and  into  which  no  student  enters  unless  he  intends  to  become  a  priest,  and 
renounces  all  other  residences  and  homes  other  than  the  seminary,  does  not 
acquire  a  residence  in  the  district  in  which  such  seminary  is  situated  so  as 
to  entitle  him  to  vote  therein.     (Matter  of  Barry,  164  N.  Y.  18.) 

A  Porto  Rican  who  is  not  naturalized  is  not  entitled  to  register  as  a  voter. 
(People  ex  rcl.  Jiiarhe  v.  Inspectors,  32  Misc.  584;  67  N.  Y.  Supp.  236.) 

A  soldier  may  acquire  a  residence  for  the  purpose  of  voting  in  the  lo- 
calitv  in  which  he  is  placed  by  reason  of  his  employment  in  the  United 
States  service.     (Matter  of  Cunningham,  45  Misc.  206;  91  N.  Y.  Supp.  974-) 


Registration  of  Electors.  43 

Subdivision  3.  Illiterate  and  disabled  electors. — If,  at  any 
meeting  for  the  registration  of  electors,  any  person  entitled  to 
be  registered  and  of  whom  personal  registration  is  required,  shall 
declare  to  the  board  of  inspectors  at  the  time  he  applies  for 
registration,  that  he  is  unable  to  write  by  reason  of  illiteracy, 
or  that  he  will  be  unable  to  prepare  his  ballot  without  assistance 
by  reason  of  blindness,  or  of  such  degree  of  blindness  as  will 
prevent  him.  with  the  aid  of  glasses,  from  seeing  the  names 
printed  upon  the  official  ballot,  loss  of  both  hands,  or  such  total 
inability  of  both  hands  that  he  cannot  use  either  hand  for  ordi- 
nary purposes,  or  that  he  will  be  unable  to  enter  the  voting 
booth  without  assistance  by  reason  of  disease  or  crippled  condi- 
tion, the  nature  of  which  he  must  specify,  it  shall  be  the  duty  of 
the  said  board  of  inspectors  to  administer  an  oath  to  such  person 
in  the  following  language,  namely :  "  You  do  solemnly  swear 
(or  affirm)  that  you  will  be  unable  to  prepare  your  ballot  without 
assistance,  because,"  and  after  the  word  "  because,"  continuing 
with  a  statement  of  the  specific  disease  or  crippled  condition 
assigned  by  the  person  as  the  cause  of  his  alleged  disability, 
and  the  said  inspectors  and  each  of  them  shall  make  a  note  upon 
the  register  of  each  instance  in  which  such  oath  is  administered, 
and  of  the  cause  or  reason  so  assigned. 

Subdivision  4.  If  any  elector  after  being  enrolled,  shall  change 
his  place  of  residence  within  the  same  election  district,  he  may 
appear  before  the  board  of  inspectors  of  such  district  on  any 
day  of  registration,  or  on  the  day  of  election,  and  state  under 
oath  that  he  has  so  changed  his  residence,  and  the  board  of  in- 
spectors shall  thereupon  make  the  proper  correction  upon  the 
register  of  such  district. 

Subdivision  5.  No  part  of  a  day  fixed  for  the  registration  of 
electors  shall  be  deemed  a  holiday  so  as  to  affect  any  meeting  or 
proceeding  of  the  board  of  inspectors  for  registration. 

Subdivision  6.  Challenges  to  applicants  for  registration. — The 
secretary  of  state  shall  prepare  and  cause  to  be  printed  on  good 
writing  paper  in  book  form  wherever  he  deems  it  desirable  for  the 
best  interests  of  the  state,  at  least  one  hundred  blank  challenge 
affidavits  for  each  election  district  in  cities  and  at  least  fifty  such 
blanks  for  each  election  district  outside  of  cities  and  shall  transmit 
to  each  county  clerk,  board  or  other  officers  to  whom  or  which  he 
is  required  to  deliver  the  register  of  electors  and  at  the  same  time 


44  The  Election  Law  of  1896. 

and  in  the  same  manner  as  such  register  of  electors  are  trans- 
mitted a  sutiicient  number  of  such  books  of  blank  challenge  affi- 
davits as  shall  provide  one  such  book  for  each  board  of  inspectors 
in  each  county,  and  such  officers  shall  transmit  the  said  books  to 
the  respective  boards  of  inspectors  in  the  same  manner  and  at  the 
same  time  as  the  register  of  electors.  The  secretary  of  state  shall 
also  furnish  to  such  clerk  or  board  an  additional  number  of  such 
books  of  challenge  affidavits,  and  copies  thereof  as  hereinafter  pro- 
vided, which  in  his  judgment  are  necessary  to  replace  lost  or  dam- 
aged books  and  to  provide  extra  books  to  any  election  district  in 
which  the  supply  may  be  exhausted  during  the  registration  of 
electors.  Such  extra  books  shall  be  furnished  by  such  clerk  or 
board  to  the  inspectors  upon  application  by  the  inspectors  or  any 
citizen.  Each  challenge  affidavit  shall  have  a  stub  attached  thereto 
and  separated  from  such  affidavit  by  a  perforated  line  with  a  space 
on  such  stub  for  writing  the  name  and  the  address  of  the  chal- 
lenged person,  and  both  the  stub  and  affidavit  shall  bear  the  same 
printed  number  and  shall  be  numbered  in  consecutive  order 
therein,  beginning  with  number  one.  Such  challenge  affidavit 
shall  be  printed  in  the  following  form,  to  wit: 

(Stub) 

Name  of  applicant 

Address 


(Perforated  line.) 

CHALLENGE  AFFIDAVIT. 

State  of  New  York  )  ^^ 

County  ui .  . . ., [ 

Election  District 
Assembly  District 
or  Ward. 

City  (or  town)  of 

What  is  your  true  name? 

Where  do  you  actually  reside? 

Under  what  name  are  you  known  at  that  address? 

Are  you  a  householder? 

What  is  the  name  of  the  householder  with  whom  you  reside? 

What  is  the  character  of  the  house  in  which  you  reside?  (By- 
character  is  meant  whether  it  is  a  hotel,  lodging  house,  tenement 
furnished  room  house,  or  private  dwelling.) 


How  old  are  you?.  . .  . . 
Where  were  you  born?. 


Registration  of  Electors.  45 

If  naturalized,  give  name  of  court  issuing  and  date  of  certifi- 
cate ?   

What  is  your  occupation? 

What  is  the  name  of  your  present  employer? 

Where  is  his  place  of  business? 

What  is  the  name  of  your  last  employer? 

Where  is  or  was  the  place  of  business? 

When  did  you  last  register  or  vote? 

From  what  address  did  you  last  register  or  vote  from? 

City  or  town Street  and  number 

How  long  have  you  been  an  inhabitant  of  this  state? 

How  long  have  you  been  a  resident  of  this  county? 

How  long  have  you  been  a  resident  of  this  election  district? 

Are  you  married  or  single? 

If  married,  where  does  your  family  reside? 

If  single,  where  do  your  parents  reside? 

How  long  do  you  contemplate  residing  in  this  election  district? 

Give  place  or  places  by  street  and  number,  the  city,  town  or 
village  of  your  residence  or  residences  during  the  past  four 
months 

Where  did  you  actually  reside  immediately  prior  to  taking  up 
your  present  residence? 

Have  you  been  convicted  of  felony? 

If  so;  have  you  been  pardoned  and  restored  to  all  the  rights  of 
citizenship? 

When  ? By  whom  ? 

Have  you  made  any  bet  or  wager,  or  are  you  directly  or  indi- 
rectly interested  in  any  bet  or  wager  depending  on  the  result  of 
the  next , ensuing  election? 

Have  you  received  or  offered  to  receive,  or  do  you  expect  to 
receive,  any  money  or  other  valuable  thing  as  a  compensation  or 
reward  for  registering  or  for  giving  your  vote  or  refraining  from 
voting  at  the  next  election? 

Have  you  paid,  offered  or  promised  to  pay,  contributed,  offered 
or  promised  to  contribute,  to  another,  to  be  paid  or  used,  any 
money  or  other  valuable  thing,  or  made  any  promise,  to  influence 
the  giving  or  withholding  of  any  vote  at  the  next  ensuing  elec- 
tion?   

I,  the  undersigned,  do  hereby  solemnly  swear  (or  affirm)  that 
the  answers  to  the  above  questions  were  given  by  me  and  that 
they  are  true  answers  to  such  questions. 

(Signature  of  applicant.) 


46  The  Election  Law  of  1896. 

Description  of  applicant. 

Height Color  of  hair 

Weight Hair  on  face 

Color Kind  of  nose 

Marks  on  face  or  hands 

Distinguishing  marks : 

I,  the  undersigned,  an  inspector  of  election  of  the  above 
designated  election  district,  do  hereby  certify  that  the 
within  named  person  did  on  this  day,  personally  appear  before 
the  board  of  inspectors  of  this  election  district  and  did  make 
application  to  have  his  name  enrolled  upon  the  register  of  electors 
of  this  said  election  district;  that  he  was  challenged  and 
was  sworn  by  me  and  did  make  the  answers  set  opposite  the 
printed  questions  upon  this  affidavit  and  signed  the  same  in 
my  presence. 

Dated  this day  of  October,  190.  . 

Name Residence  

Inspector  of  election 

(To  be  signed  by  the  inspector  administering  oath  to  applicant.) 

Witnesses. 

Name Residence  Inspector  of  Election. 

Name Residence  Inspector  of  Election. 

Name Residence  Inspector  of  Election. 

(Board  of  inspectors.) 
Name  of  challenger 

Residence  of  challenger 

Any  person  who  applies  personally  to  any  board  of  inspectors 
for  registration  for  any  election  may  be  challenged  by  any  qual- 
ified elector,  present.  If  such  applicant  be  so  challenged,  or  if 
any  member  of  the  board  of  inspectors  shall  have  reason  to  sus- 


Registration  of  Electors.  46a 

pect  that  such  apphcant  is  not  entitled  to  have  his  name  enrolled 
on  such  register,  the  chairman  of  the  board  of  inspectors,  or  any 
member  of  such  board  is  hereby  authorized  to  and  shall  admin- 
ister to  such  applicant  the  following  oath:  You  do  solemnly 
swear  (or  affirm)  that  you  will  true  answers  make  to  the  ques- 
tions touching  upon  qualifications  as  an  elector  and  such  other 
questions  as  may  be  put  you  tending  to  establish  your  identity 
and  one  of  the  inspectors  shall  thereupon  read  to  such 
challenged  person  each  and  every  question  printed  upon  the 
challenge  affidavit  herein  provided  for  and  shall  enter  in  ink  op- 
posite each  question  the  answer  thereto  given  by  such  applicant. 
The  applicant  shall  subscribe  his  name  to  such  challenge  affida- 
vit, which  shall  also  be  subscribed  to  by  the  inspector  adminis- 
tering the  above  oath  and  as  witnesses  by  the  other  inspectors 
present,  who  shall  certify  over  their  names,  the  fact  that  the 
applicant  did  apply  for  registration,  that  he  was  duly  sworn  and 
that  the  answers  set  opposite  the  printed  questions  are  the  true 
answers  given  to  such  questions  by  the  challenged  applicant.  In- 
spectors shall  also  enter  in  the  place  provided  on  the  challenge 
affidavit  a  description  of  the  person  challenged  and  the  name  and 
address  of  the  person  challenging.  If  the  applicant  shall  by  his 
answers  satisfy  a  majority  of  the  board  of  inspectors  of  his  right 
to  be  registered,  they  shall  enroll  his  name  as  an  elector;  if  not, 
they  shall  point  out  to  him  the  qualifications  which  he  lacks  as 
an  elector  and  his  name  shall  not  be  enrolled  upon  such  register 
except  as  provided  by  section  thirty-one  of  this  act,  and  upon  any 
such  proceeding  the  challenge  affidavit  of  such  applicant  shall  be 
submitted  in  evidence  to  such  court,  justice  or  judge.  If  the  ap- 
plicant shall  refuse  to  make  oath  to  the  questions  put  to  him  and 
the  answers  given  thereto  by  him  or  shall  refuse  to  answer  any 
question  upon  the  challenge  affidavit  his  name  shall  not  be  placed 


46b  The  Election  Law  of  1896. 

upon  the  register,  or  if  recorded  thereon  previous  to  his  ascer- 
tained disquahfication  as  an  elector,  the  inspectors  shall  enter 
in  the  remark  colunui  after  such  name  the  word  disqualified 
and  no  person  shall  be  allowed  to  vote  on  such  name  at  the  elec- 
tion. Any  applicant  for  registration,  inspector  or  other  person 
who  shall  incorporate  or  cause  to  be  incorporated  any  false  state- 
ment in  such  challenge  affidavit  shall  be  deemed  guilty  of  perjury. 
At  the  close  of  each  day  of  registration  the  inspectors  of  elec- 
tion shall  detach  from  the  stubs  the  challenge  affidavits  signed  by 
the  persons  challenged  during  the  day  and  in  cities  shall  deliver 
them  to  the  police  captain  of  the  precinct  in  which  the  election 
district  is  located  or  to  an  officer  thereof,  and  such  police  captain 
or  commanding  officer  of  such  precinct  shall  immediately  cause 
an  investigation  of  the  truth  of  such  affidavit  to  be  made,  and  if 
such  investigation  shall  prove  the  same  to  be  false  in  any  par- 
ticular affecting  the  right  of  the  challenged  person  to  register 
or  vote,  the  said  officer  shall  deliver  the  same  to  the  district 
attorney  of  the  county,  together  with  the  evidence  of  the  falsity 
of  such  affidavit,  and  the  district  attorney  shall  forthwith  present 
the  same  to  the  grand  jury  of  such  county.  In  election  districts 
outside  of  cities  such  affidavit  shall  be  delivered  by  the  inspectors 
to  the  sheriff  of  the  county  who  shall  proceed  in  like  manner, 
provided,  however,  that  in  the  election  districts  within  the  met- 
ropolitan elections  district  all  such  challenge  affidavits  shall  be 
delivered  by  the  police  or  sheriff  forthwith  at  the  close  of  each 
day  of  registration  to  the  state  superintendent  of  elections  for  the 
metropolitan  elections  district,  who  shall  proceed  in  Hke  manner. 
When  the  name  of  a  person  who  has  signed  a  challenge  affidavit, 
shall  be  enrolled  on  the  register,  the  inspectors  shall  enter  in  the 
column  headed  remarks  on  such  register  opposite  such  name 
the  word  affidavit,  giving  the  consecutive  number  printed  on 
such  affidavit.  At  the  close  of  the  last  day  of  registration  the  in- 
spectors shall  file  the  book  of  stubs  and  unused  challenge  affida- 
vits with  the  officer  from  whom  it  was  received  by  the  inspectors 
and  such  officer  shall  preserve  it  in  his  office.  The  secretary  of 
state  shall  also  furnish  for  each  election  district  within  the  met- 


Registration  of  Electors.  47 

ropoHtan  elections  district  a  duplicate  book  of  challenge  affidavits 
but  without  the  stubs;  each  of  which  affidavits  shall  be  printed 
with  the  words  official  copy  of  abpve  the  words  challenge  affida- 
vit printed  thereon,  and  there  shall  be  printed  upon  the  outside 
cover  of  each  such  book  the  words  copy  book  of  challenge  affida- 
vits, together  with  proper  instructions  to  the  inspectors  of  elec- 
tion regarding  the  same  as   herein    provided.     Such    duplicate 
books  of  challenge  affidavits  shall  be  delivered  to  the  boards  of 
inspectors  of  election  within  the  metropoUtan  elections  district 
at  the  same  time  and  in  the  same  manner  as  the  original  book  of 
challenge  affidavits.     The  inspectors  of  election,  or  one  of  them 
designated  by  the  chairman  of  the  board,  of  the  election  districts 
within  the   metropolitan   elections   district   shall,   at  the  time   of 
filling  out  and  signing  of  any  challenge  affidavit  as  heretofore 
provided,  make  a  duplicate  of  such  challenge  affidavit,  upon  the 
copy  of  the  challenge  affidavit  numbered  to  correspond  with  the 
original  challenge  affidavit.     The  duplicate  book  of  challenge  affi- 
davits shall  be  in  the  custody  of  the  chairman  of  the  board  of  in- 
spectors until  the  close  of  the  polls  of  the  election  for  which  the 
registration  is  made,  when  it  shall  be  filed  together  with  the  book 
of  unused  original  challenge  affidavits  and  stubs  in  the  office  of 
the  board  or  officer  delivering  the  same  to  the  board  of  inspectors. 
Except  as  hereinafter  provided  any    person    who    shall    wilfully 
suppress,  alter,  destroy  or  mutilate  any  signed  challenge  affida- 
vit or  official  copy  thereof  shall  be  deemed  guilty    of   a    felony. 
The  officer  or  board  with  whom  the  original  challenge  affidavit 
or  copies  thereof  are  filed  may  destroy  the  same  six  months  after 
the  date  of  the  election  for  which  they  were  made,  except  those 
which  are  to  be  used  in  any  criminal  prosecution.     {Thus  amended 
by  chap.  544,  L.  1901.) 

Subdivision  7.  Record  of  challenges. — If,  at  a  meeting  of  the 
board  of  inspectors  for  registration,  any  elector  shall,  upon  oath, 
declare  that  he  has  reason  to  believe  that  any  person  on  the  regis- 
ter of  electors  will  not  be  qualified  to  vote  at  the  election  for  which 
the  registration  is  made,  the  board  of  inspectors  shall  place  the 


48  The  Election  Law  of  1896. 

words  "  to  be  challenged  "  opposite  the  name  of  such  person,  and 
when  such  person  shall  offer  his  vote  at  such  election,  the  general 
oath  as  to  qualitications  shall  be  administered  to  him,  and  if  he 
shall  refuse  to  take  such  oath  he  shall  not  be  permitted  to  vote. 
(For  form  of  oath,  see  Forms  at  end  of  article.) 

Subdivision  8.  Production  of  naturalization  papers. — It  shall  be 
the  duty  of  every  naturalized  citizen  before  beuig  registered  to 
produce  to  the  inspectors,  if  any  inspector  shall  require,  his  natu- 
ralization papers  or  a  certified  copy  thereof  for  their  inspection, 
and  to  make  oath  before  them  that  he  is  the  person  purporting  to 
have  been  naturalized  by  the  papers  so  produced,  unless  such 
citizen  was  naturalized  previous  to  the  year  eighteen  hundred 
and  sixty-seven.  If,  however,  such  naturalized  citizen  can  not  for 
any  reason  produce  his  naturalization  papers,  or  a  certified  copy 
thereof,  the  board  of  inspectors,  or  a  majority  of  such  board  may 
place  the  name  of  such  naturalized  citizen  upon  the  register  of 
electors  upon  his  furnishing  to  such  board  evidence  which  shall 
satisfy  such  board  of  his  right  to  be  registered.  (Thus  amended 
by  chap.  675,  L.  1905,  in  effect  June  i,  1905.) 

'  Subdivision  9.  Any  person  knowingly  taking  a  false  oath  before 
the  board  of  inspectors,  shall  upon  conviction  thereof  be  punished 
as  for  willful  and  corrupt  perjury. 

Subdivision  10.  Persons  excluded  from  the  right  of  suffrage. — 
No  person  who  shall  receive,  accept,  or  offer  to  receive,  or  pay, 
offer  or  promise  to  pay,  contribute,  offer  or  promise  to  contribute 
to  another,  to  be  paid  or  t  used,  any  money  or  any  other  valuable 
thing  as  a  compensation  or  reward  for  the  giving  or  withholding 
a  vote  at  an  election,  or  (for  registering  or  refraining  from  regis- 
tering  as  an  elector,  or  who  shall  make  any  promise  to  influence 
the  giving  or  withholding  any  such  vote  or  registration,  or  who 
shall  make  or  become  directly  or  indirectly  interested  in  any  bet 
or  wager  depending  upon  the  result  of  an  election,  shall  vote  at 
such  election.  No  person  who  has  been  convicted  of  a  felony  shall 
have  the  right  to  register  for  or  vote  at  anv  election  unless  he  shall 
have  been  pardoned  and  restored  to  the  rights  of  citizenship. 
(Added  by  chap.  654,  L.  1901.) 

Naturalization  papers  miist  be  produced  before  board  of  inspectors; 
but  if  not  to  be  found,  secondary  evidence  of  their  contents  must  be  re- 
ceived.    (People  ex  rel.  Noel  v.  Smith,  lo  Misc.  100.) 

A  judgment  of  naturalization  by  a  court  of  competent  jurisdiction 
can  not  be  attacked  or  impeached  collaterally  by  a  board  of  inspectors. 
(People  ex  rel.  Christern  v.  Walsh,  g  Abb.  N.  C.  465.) 

Inability  to  produce  the  naturalization  papers  of  his  parents  will  not 
lose  to  a  person  the  right  of  proving  his  citizenship  before  a  board  of 
registry  by  secondary  evidence.  The  person's  own  oath  in  the  absence  of 
impeaching  testimony  makes  out  a  prima  facie  case.  (People  ex  rel. 
O'Donnell  v.  McNally,  59  How.  500.) 

Presenting  fraudulent  certificates  to  registry  boards  to  procure 
registration  a  felony.     (See  S  41^,  Penal  Code,  post.) 

Procuring  fraudulent  certificates  of  naturalization  in  order  to  vote  a 
felony.     (See  §  41X.  Penal  Code,  post.) 


Registration  of  Electors,  49 

Subdivision  11.  When  a  town  or  village  election  is  held  at  the 
same  time  with  a  general  election  all  electors  in  such  town  or 
village  to  be  entitled  to  vote  at  such  town  or  village  election 
must  be  registered  as  provided  by  law  for  the  enrollment  of 
electors  for  any  general  election  in  such  town  or  village.  (Subd. 
added  by  chap.  405,  L.  1902.) 

§35.  Subdivision  i.  Certification  and  custody  of  register. — At 
the  close  of  each  meeting  for  the  registration  of  electors,  for  a 
general  or  other  election  in  a  city,  or  in  an  election  district  wholly 
within  a  village  having  five  thousand  inhabitants  or  more,  the 
inspectors  shall  append  to  each  book  of  registration  their  certifi- 
cate, to  the  efTect  that  such  register  as  it  now  is  comprising  (here 
insert  the  number)  names,  is  a  true  and  correct  register  of  the 
names  and  residences  of  all  the  electors  qualified  to  vote  at  such 
election  in  such  district,  who  have  personally  appeared  before 
the  board  of  registration,  and  such  register  so  certified  shall  be 
presumptive  evidence  that  the  names  and  places  of  residence 
contained  therein  are  the  names  and  places  of  residence  given  by 
the  persons  registered  respectively.  At  the  close  of  each  meeting 
for  the  registration  of  electors  for  a  general  or  other  election 
elsewhere  than  in  a  city,  or  in  a  district  wholly  within  a  village 
having  five  thousand  inhabitants  or  more,  the  inspectors  shall 
append  to  each  book  of  registration  a  certificate  to  the  eflfect 
that  such  register  as  it  now  is,  comprising  (here  insert  the  num- 
ber) names,  is  a  true  and  correct  register  of  all  electors  qualified 
to  vote  at  such  election  in  such  district,  who  have  personally  ap- 
plied for  registration,  or  whose  names  the  board  was  required  by 
law  to  place  thereon.  Each  such  certificate  shall  be  signed  by 
all  the  inspectors,  but  in  case  one  inspector  required  to  sign  such 
certificate  shall  fail  for  any  reason  so  to  do,  he  may  be  required 
by  the  officer  with  whom  such  register  is  filed  to  sign  such  reg- 
ister at  a  subsequent  date.  In  all  cases  a  majority  of  the  inspec- 
tors must  sign  such  certificate  at  the  close  of  each  day  of 
registration. 

The  provisions  as  to  certifying  and  preparing  the  registers  are  merely 
directory,  and  a  failure  on  the  part  of  the  inspectors  to  properly  observe 
the  law  in  this  respect  will  not  operate  to  invalidate  the  registers  and 
deprive  citizens  of  their  votes.  (People  ex  rel.  Frost  v.  Wilson,  62  N.  Y. 
186.) 

Subdivision  2.  Method    of    entry    and    filing    of    registry.— 

The  register  of  electors  made  by  the  chairman  of  the  board 
of  inspectors  shall  be,  and  shall  be  known,  as  the  public  ;copy 
of  registration.  Such  public  copy  shall  be  left  in  a  prom- 
inent position  in  the  place  of  registration  from  the  first  day 
of  registration  until  election  day,  and  shall  at  all  reasonable 
times  be  open  to  public  inspection  and  for  making  copies  thereof. 
Each  other  inspector  shall  carefully  preserve  his  register  of  elec- 


50  The  Election  Law  of  1896. 

tors  and  shall  be  responsible  therefor,  until  the  close  of  the  can- 
vass of  the  votes  on  election  day,  except  as  hereinafter  provided 
for  in  cities  of  the  first  class.  At  the  close  of  each  day  of  regis- 
tration the  inspectors  shall  draw  a  line  in  ink  immediately  be- 
low the  name  of  the  elector  last  entered  upon  each  page  of  each 
such  register.  Upon  the  succeeding  day  of  registration,  they 
shall  enter  the  names  of  electors  in  the  alphabetical  order  of  the 
first  letter  of  the  surname  below  the  line  so  drawn  upon  the 
proper  page  after  the  close  of  the  previous  day  of  registration. 
Upon  the  close  of  the  last  day  of  registration,  the  inspectors  shall 
again  carefully  compare  all  the  books  of  registration,  to  see  that 
they  are  identical  as  to  their  contents,  and  shall  certify  as  a  board 
in  the  proper  place  provided  therefor  upon  each  such  register  that 
such  register  is  a  true  and  correct  register  of  persons  enrolled  by 
them  in  such  district  for  the  next  ensuing  election,  and  shall  state 
the  whole  number  of  such  persons  so  enrolled.  In  cities  of  the 
first  class,  at  the  close  of  the  last  day  of  registration,  the  chairman 
of  the  board  of  inspectors  shall  take  from  an  inspector  of  opposite 
political  faith  from  himself,  the  register  of  elections  made  by  such 
inspector,  and  deliver  it  to  the  police,  who  forthwith  shall  file  the 
same,  if  in  the  city  of  New  York,  with  the  board  of  elections  in 
the  borough  of  Manhattan  and  with  the  chief  clerk  of  the  branch 
office  of  the  board  of  elections  of  each  other  borough  in  which  the 
election  district  is  located,  and  if  in  any  other  city  with  the  com- 
missioner of  elections.  Such  registers  so  filed,  shall  be  a  part  of 
the  records  of  the  offices  in  which  it  is  filed.  The  two  other  in- 
spectors of  opposite  political  faith  from  each  other  shall  each 
retain  their  respective  registers  of  electors  for  use  on  election 
day.  All  registers  of  electors  shall  at  all  reasonable  hours  be 
accessible  for  public  examinations  and  making  copies  thereof, 
and  no  charge  of  any  kind  shall  be  made  for  such  examination  or 
for  any  elector  making  a  copy  thereof.  In  cities  of  the  first  class 
the  public  copy  of  registration  shall  be  used,  if  necessary,  on  elec- 
tion day  by  the  inspector  whose  register  was  filed  as  herein  pro- 
vided by  said  chairman.  Any  person  who  shall  alter,  mutilate, 
destroy  or  remove  from  the  place  of  registration  the  public  copy 
of  such  registration,  shall  be  guilty  of  a  felony,  and  shall  be  pun- 
ished upon  conviction  thereof  by  imprisonment  in  a  state  prison 
for  not  less  than  two  nor  more  than  five  years,  unless  otherwise 


Registration  of  Electors.  51 

provided  by  law.  If,  in  cities,  the  board  of  inspectors  shall  meet 
on  the  second  Saturday  before  the  election  for  the  purpose  of  re- 
vising and  correcting  the  register  of  electors  in  pursuance  of  an 
order  of  the  supreme  court,  a  justice  thereof  or  a  county  judge, 
as  provided  in  section  thirty-one  of  the  election  law,  the  inspectors 
shall  certify  forthwith  to  the  officer  with  whom  the  copy  of  the 
register  is  filed,  the  change  or  changes  made  upon  such  register 
in  pursuance  of  such  order.  At  any  revision  of  registration  for 
an  election  other  than  a  general  election,  the  quadruplicate  regis- 
ter of  electors  for  the  last  preceding  general  election  shall  be  fur- 
nished to  the  inspectors  of  election  by  the  officer  or  board  having 
the  custody  thereof,  and  the  inspectors  shall  certify  to  the  officer 
or  board  in  cities  of  the  first  class  with  whom  the  registers  are 
filed,  the  changes,  additions,  or  alterations  made  in  such  registers 
for  such  election.  In  the  cities  of  the  first  class  at  the  close  of 
the  canvass  of  the  votes  of  any  election,  or  within  twenty-four 
hours  thereafter  the  two  copies  of  the  register  of  electors  used 
by  the  inspectors  and  the  public  copy  thereof  shall  be  filed  re- 
spectively with  the  board  of  elections  in  the  borough  of  Manhat- 
tan and  with  the  chief  clerk  of  the  branch  office  of  the  board  of 
elections  in  each  other  borough  of  the  city  of  New  York,  in  which 
the  election  district  is  located,  and  in  the  city  of  Buffalo  with  the 
commissioner  of  elections.  In  all  election  districts  other  than  in 
cities  of  the  first  class,  one  copy  of  the  register  used  on  election 
day  by  the  inspectors  shall  within  twenty-four  hours  after  the 
close  of  the  election  be  filed  in  the  office  of  the  town  or  city  clerk 
of  the  town  or  city  in  which  such  election  district  is,  and  the  other 
copies  with  the  county  clerk  except  in  the  county  of  Erie,  and  in 
the  county  of  Erie  with  the  commissioner  of  elections.  It  shall 
be  the  duty  of  the  officers  with  whom  such  registers  of  the  elec- 
tion districts  within  the  metropolitan  elections  district  are  filed, 
to  forthwith  file  one  copy  of  such  register  for  each  election  dis- 
trict with  the  state  superintendent  of  elections  for  the  metropoli- 
tan elections  district.  Such  register  of  electors  shall  be  carefully 
preserved  for  use  at  any  election  which  may  be  ordered  or  held  in 
either  of  such  counties  or  cities,  respectively,  prior  to  the  next 
ensuing  general  election  at  which  they  may  be  required.  (Thus 
amended  by  chap.  95.  L.  1901,  and  chap.  643,  L.  1905,  in  effect 
May  16,  1905.) 

One  who  induces  or  procures  tlic  board  of  registry  to  conceal  the  lists 
and  refuse  the  public  access  to  them  is  equally  guilty  with  the  inspectors 
of  a  violation  of  the  law.     {People  v.  McKanc,  143  N.  Y.  455.) 


52  The  Election  Law  of  1896. 

Subdivision  3.  At  the  close  of  registration  on  the  fourth  day 
in  the  election  districts  in  cities  and  villages  of  five  thousand 
inhabitants  or  more  and  at  the  close  of  registration  on  the  second 
day  in  other  districts,  the  board  of  inspectors  shall  forthwith 
certify  to  the  officer  or  board  charged  with  the  duty  of  furnishing 
ballots  to  such  district,  and  in  the  election  districts  within  the 
metropolitan  elections  district  to  the  state  superintendent  of  elec- 
tions the  total  number  of  electors  enrolled  in  such  district.  In 
cities  inspectors  of  each  district  shall  also  furnish  to  the  police 
at  the  close  of  each  day  of  registration,  the  total  number  of  electors 
enrolled  on  such  day,  in  their  respective  districts.  The  police 
of  the  cities  within  the  metropolitan  elections  district  shall  forth- 
with at  the  close  of  each  day  of  registration  file  with  the  state 
superintendent  of  elections  a  certificate  showing  the  total  num- 
ber of  electors  enrolled  therein  in  the  respective  election  districts 
thereof.     (Thus  amended  by  chap.  630,  L.  1899.) 

(For  Form  for  Certificate,  see  Forms  at  end  of  article.) 
§  36.  Subdivision  i.  Delivery  of  blank  books  for  registration 
certificates  and  instructions. — The  secretary  of  state  shall  pur- 
chase whenever  he  deems  it  desirable  for  the  best  interests  of 
the  state,  a  suitable  number  of  blank  books  for  register  of  elect- 
ors, with  blank  certificates  and  brief  instructions  for  registering 
the  names  of  electors  therein,  in  the  forms  respectively  provided 
in  subdivisions  one  and  two  of  section  thirty-two  of  the  election 
law,  at  least  four  of  such  books  for  each  board  of  inspectors  in 
the  state,  and  such  number  of  extra  copies  thereof  as  in  his  judg- 
ment may  be  necessary  for  each  county  or  city  to  replace  lost  or 
damaged  registers  before  delivery  to  the  inspectors.  Such  regis- 
ter of  electors  shall  have  the  leaves  thereof  indexed  with  the  let- 
ters of  the  alphabet,  beginning  with  the  letter  "A"  for  the  first 
leaf,  and  so  on.  He  shall  transmit  such  registers,  certificates  and 
instructions  to  the  county  clerk  of  each  county,  except  the  county 
of  Erie  and  those  counties  the  whole  of  which  are  included  within 
the  city  of  New  York ;  to  each  such  county  clerk  and  to  the  com- 
missioner of  elections  of  the  county  of  Erie  a  sufficient  number 
thereof  for  the  use  of  the  boards  of  inspectors  within  his  county 
and  to  the  board  of  elections  of  the  city  of  New  York,  located  in 
the  borough  of  Manhattan  ;  and  to  the  chief  clerk  of  the  branch 
office  of  the  board  of  elections  in  each  other  borough  within  the 
city  of  New  York  a  sufficient  number  thereof  for  the  use  of  each 


Registration  of  Electors.  53 

board  of  inspectors  within  said  respective  boroughs  at  least 
twenty  days  prior  to  the  first  day  of  registration  for  a  general 
election  in  each  year.  The  county  clerk,  or  said  commissioner  of 
elections  as  the  case  may  be,  shall  deliver  such  books  to  the  town 
clerks  of  each  town,  and  to  the  city  clerk  of  each  city  in  such 
county,  except  the  city  of  Buffalo,  by  mail  or  otherwise,  at  least 
five  days  prior  to  the  first  day  of  registration,  and  such  town 
clerk  and  city  clerks,  and  the  said  board  of  elections  and  chief 
clerk  of  branch  offices  of  the  board  of  elections  in  the  city  of 
New  York  and  in  the  city  of  Buffalo  the  commissioner  of  elec- 
tions shall  deliver  such  books  to  the  inspectors  of  said  boroughs, 
respectively,  before  the  hour  set  for  registering  the  names  of 
electors  on  the  first  day  of  registration.  On  each  day  of  registra- 
tion, the  board  of  elections  of  the  city  of  New  York,  and  in  the 
city  of  Buffalo  the  commissioner  of  elections  shall  furnish  to  each 
board  of  inspectors  in  their  respective  cities,  blanks  for  the  list 
of  electors  provided  for  in  subdivision  three  of  section  thirty-two 
of  the  election  law.  (Thus  amended  by  chap.  95,  L.  1901,  and 
^hap.  643,  L.  1905,  in  effect  May  26,  1905.) 

Subdivision  2.  Delivery  of  previous  registers  and  poll  books 
to  inspectors. — Each  town  clerk  with  whom  the  register  of  the 
last  preceding  general  election  in  any  election  district,  elsewhere 
than  in  a  city  or  wholly  within  a  village  having  five  thousand 
inhabitants  or  more,  shall  have  been  filed,  shall  cause  such  reg- 
ister and  one  of  the  poll  books  to  be  delivered  to  the  board  of  in- 
spectors of  such  district  at  the  opening  of  its  first  meeting  for 
the  registration  for  any  election.  If  a  new  election  district  shall 
have  been  formed  in  a  town  since  such  general  election,  the  clerk 
of  such  town  shall,  before  the  first  meeting  for  registration  there- 
after in  such  new  election  district,  make  a  certified  copy  of  each 
register  for  such  general  election  of  each  election  district  out  of 
which  such  new  district  shall  have  been  formed,  and  shall  cause 
such  certified  copy  to  be  delivered  to  the  board  of  inspectors  of 
such  new  election  district  at  the  opening  of  such  meeting  for 
registration.  Such  board,  at  such  meeting,  shall  place  upon  the 
register  of  electors  all  persons  whose  names  are  upon  such  copies 
who  are  qualified  to  vote  in  such  election  district  at  the  election 
for  which  such  meeting  is  held,  except  the  names  of  persons  who 
are  required  to  personally  appear  for  registration.  If  a  new 
election  district  shall  have  been  formed  in  a  city  since  such  gen- 
eral election,  the  clerk  or  board  with  whom  the  register  of  electors 
for  such  last  preceding  general  election  shall  have  been  filed  shall, 


54  The  Election  Law  of  1896. 

before  the  meeting  of  the  inspectors  of  election  of  such  new  dis- 
trict for  registration  for  any  other  election,  make  a  certified  copy 
of  each  register  of  electors  for  such  last  preceding  general  elec- 
tion of  each  election  district  out  of  which  such  new  election  dis- 
trict is  formed,  and  the  inspectors  of  such  new  election  district 
shall,  at  such  meeting  for  registration  for  such  election,  place 
upon  the  register  of  electors  the  names  of  all  persons  upon  such 
copies  who  are  qualified  to  vote  in  such  election  district  at  the 
election  for  which  such  meeting  is  held. 


Registration  of  Electors.  55 

FORMS  FOR  ELECTION  LAW,  ARTICLE  2. 


FORM  No.  13. 

(See  §  35,   Election  Law,  subd.  3.) 
Certificate  of  total  number  of  electors  enrolled. 

To  the  (insert  name  of  officer  or  board)  : 

We,  the  undersigned,  composing  the  board  of  inspectors  of  election 
district  No.        of  the  of  ,   do  hereby  certify  that  at  the  close 

of  registration,  on  the  day  of  registration,  the  total  number  of  electors 
enrolled  in  such  district  was 

Dated  at  this  day  of  ,  189  . 


Board  of  Inspectors. 

(The  above  certificate  to  be  forthwith  sent  to  the  officer  or  board  charged 
with  the  duty  of  providing  ballots  for  this  election  district.) 


FOBM  No.  14. 

Certificate  for  police  of  number  of  electors  enrolled. 

Notice. — A  certificate  in  this  form  must  be  properly  filled  out  and  signed 
by  the  inspectors  at  the  close  of  each  day  of  registration,  and  delivered  to 
the  police. 

Buffalo,  N.  Y.,  October       ,  1900. 
Election  district  ward 

We  hereby  certify  that  the  total  number  of  electors  enrolled  upon  the 
register  of  electors  of  this  election  district  on  this,  the  day  of  registra- 

tion for  the  general  election  to  be  held  November  the  sixth,  1900, 
vras 


Board  of  Inspectors. 


56  The  Election  Law  of  1896. 

FORM  No.  15. 

(See  §  34,  Election  Law,  subd.  3.) 

Oath  to  be  administered  to  illiterate  disabled  voters. 

You  do  solemnly  swear   (or  affirm)   that  you  will  be  unable  to  prepare 
your  ballots  without  assistance,  because  (Continue  with  state- 

ment of  specific  disease,  etc.,  assigned  as  cause  of  alleged  disability). 


FORM  No.  16. 

(See  §  34,  Election  Law,  subd.  7.) 
Form  for  oath  for  record  of  challenge. 

You  do  swear  (or  affirm)  that  you  have  reason  to  believe  that 

,  whose  name  appears  on  the  register  of  electors  in  this  election 
district,  will  not  be  qualified  to  vote  at  the  election  for  which  such  register 
of  electors  is  made. 


Primaries,  Conventions  and  Nominations.  57 

ABTICLE  in. 
Frimaries,  Conventions  and  Nominations. 

Sktion  50.  Definitions  of  primary  and  convention. 

51.  Notice  of  primary. 

52.  Organization  and  conduct  of  primaries, 

53.  Qualifications  of  voters  at  primaries. 

54.  Duties  of  chairman  of  primary. 

55.  Watchers  and  canvass  of  votes  at  primaries. 

56.  Party  nominations. 

57.  Independent  nominations. 

58.  Places  of  filing  certificates  of  nominations. 

59.  Times  of  filing  certificates  of  nominations. 

60.  Certification  of  nominations  by  secretary  of  statt. 

61.  Publication  of  nominations. 

62.  Lists  for  town  clerks  and  aldermen. 

63.  Posting  town  and  village  nominations. 

64.  Declination    of    nomination. 

65.  Objections    to   certificates    of   nominations. 

66.  Filling  vacancies  in  nominations. 

§  50.  Definitions  of  primary  and  convention. — As  used  in  this 
article,  a  convention  is  an  assemblage  of  delegates  representing  a 
political  party  or  independent  body,  duly  convened  for  the  purpose 
of  nominating  candidates  for  office,  electing  delegates  to  conven- 
tions, electing  officers  for  party  organizations,  or  for  the  transac- 
tion of  any  other  business  relating  to  the  affairs  or  conduct  of  the 
party  or  independent  body ;  and  a  primary  is  any  other  assemblage 
of  voters  of  a  political  party  or  independent  body  duly  convened 
for  any  such  purpose. 

Misdemeanors  at,  or  in  connection  with,  political  caucuses,  primary  elec- 
tions, enrollment  in  political  parties,  committees  and  conventions.  See  § 
41  Penal  Code,  post. 

§  51.  Notice  of  primary. — No  primary  shall  be  held  in  a  city 
or  village  having  a  population  of  over  five  thousand,  as  shown 
by  the  last  state  or  federal  enumeration,  unless  at  least  two  days' 
notice  thereof  sliall  be  published  in  a  daily  newspaper  in  such 
city  or  village,  of  the  same  politics  with  the  political  party  giving 
the  notice  at  least  twice ;  but  if  no  such  newspaper  is  published  in 
the  same  city  or  village  where  such  primary  is  to  be  held,  such 
notice  shall  be  published  in  a  weekly  newspaper,  if  any,  in  such 


58  The  Election  Law  of  1896. 

city  or  village  of  the  same  politics  of  the  political  party  giving 
the  notice  before  such  primary  is  held.  But  if  no  such  daily  or 
weekly  newspaper  be  so  published  in  such  city  or  village,  such 
notice  shall  be  posted  in  at  least  six  public  places  in  such  city  or 
village  at  least  two  days  prior  to  the  holding  of  such  primary. 
Such  primary  shall  be  opened  at  such  hour  between  nine  o'clock 
in  the  forenoon  and  nine  o'clock  in  the  afternoon,  as  may  be  pre- 
scribed by  the  political  party  or  independent  body  holding  the 
same.  Elsewhere  than  in  such  a  city  or  village,  every  primary  shall 
be  called  and  held  pursuant  to  notice  given  according  to  the  regu- 
lations and  usages  of  the  political  party  or  independent  body  hold- 
ing it. 

Where  the  only  newspaper  published  in  a  city  or  village  is  opposed 
to  one  of  the  two  factions  of  a  party  it  is  sufficient  compliance  with  the 
statute  for  that  faction  to  post  the  notices  of  primaries.  (Matter  of  Mit- 
chell, 81  Hun,  401.) 

§  52.  Organization  and  conduct  of  primaries. — Every  primary 
held  by  any  political  party  or  independent  body  for  the  purpose  of 
choosing  candidates  for  office,  or  the  election  of  delegates  to  con- 
ventions, or  for  the  purpose  of  electing  officers  to  any  political 
party  or  independent  body,  shall  be  presided  over  and  conducted 
by  officers  to  be  selected  in  the  manner  prescribed  by  the  rules 
or  regulations  of  the  political  party  or  independent  body  holding 
such  primary.  If  the  rules  and  regulations  of  the  political  party 
or  independent  body  calling  it  so  require,  or  if  it  shall  be,  by  a  vote 
of  the  electors  present,  so  resolved,  or,  if  it  be  in  a  city  or  village 
having  a  population  of  over  five  thousand  according  to  the  last 
preceding  federal  or  state  enumeration,  and  five  qualified  electors 
of  the  district  where  it  is  held,  belonging  to  the  political  party 
calling  it,  shall  serve  upon  the  secretary  or  chairman  of  the  gen- 
eral committee  of  the  party,  or  of  its  organization  in  such  city  or 
village,  or  upon  the  chairman  of  the  district  committee,  a  written 
demand,  stating  that  they  so  require  it,  the  following  additional 
requirements,  or  such  of  them  as  may  be  specified  in  such  de- 
mand, shall  be  complied  with  : 

1,  The  chairman  and  other  officers  shall  take  the  constitutional 
oath  of  office. 

2.  Candidates  and  delegates  and  officers  of  the  organization  or 
committee  shall  be  chosen  by  ballot. 


Primaries,  Conventions  and  Nominations.  59 

3.  The  meeting  shall  be  held  open  not  less  than  one  hour  for 
voting  thereat. 

4.  The  tellers  shall  keep  a  poll  list  of  the  name  and  residence  of 
each  person  voting,  and  assist  the  secretary  in  the  canvass  of  the 
votes. 

5.  An  elector  shall  be  appointed  watcher  for  each  candidate  or 
set  of  candidates  or  delegates  requesting  the  same. 

6.  The  chairman  shall  publicly  announce  the  number  of  votes 
cast  for  each  candidate,  and  the  result  of  the  canvass  at  the  com- 
pletion thereof,  and  shall,  if  the  primary  be  held  in  the  city  or  vil- 
lage having  a  population  of  more  than  five  thousand,  as  shown  by 
the  last  preceding  federal  or  state  enumeration,  file  a  statement 
of  such  results  and  the  oath  taken  at  such  primary,  and  the  poll 
list  kept  thereat  in  the  office  of  the  county  clerk,  if  located  in  such 
city  or  village,  and  otherwise,  in  the  office  of  the  city  or  village 
clerk,  and  the  papers  so  filed  shall  be  public  records  and  open  to 
inspection  and  examination  by  any  elector  of  the  state. 

A  meeting  or  caucus  may  properly  adjourn  to  another  day  if  for  any 
good  and  sufficient  reason  it  is  unable  to  perform  and  complete  its  duties 
on  the  day  it  was  called  for.     {Matter  of  Broat,  6  Misc.  Rep.  445.) 

That  political  parties  must  provide  rules  and  regulations  for  their 
conduct  or  management  is  recognized  by  the  election  law  and  is  a  neces- 
sity since  under  our  system  of  government  the  affairs  of  the  state  are  con- 
ducted through  the  medium  of  such  parties.     {Matter  of  Redmond,  5  Misc. 

Rep.  369) 

Recent  legislation  has  been  such  as  to  bring  within  the  law  the 
action  of  all  party  caucuses,  conventions  and  committees.  It  has  at 
last  become  recognized  that,  under  our  form  of  government,  the  primaries, 
caucuses  and  conventions  of  parties  should  be  surrounded  by  all  the  safe- 
guards and  be  conducted  with  the  same  conformity  to  law  that  our  regular 
elections  should  be.     {Matter  of  Broat,  6  Misc.  Rep.  445.) 

Where  there  are  no  rules  governing  the  action  of  a  town  committee, 
it  must  be  held  to  the  same  rules  that  at  common  law  govern  any  board  or 
body  of  officers ;  that  is,  the  act  of  the  majority  is  the  act  of  the  committee, 
and  such  act  must  be  performed  in  session,  when  all  are  present  or  have 
had  due  notice  to  be.     {Matter  of  Broat,  6  Misc.  Rep.  445.) 

Minority  to  acquiesce.  When  a  majority  of  those  members  of  a  con- 
vention whose  seats  are  uncontested  decide  as  to  who  of  two  or  more  con- 
testants should  be  admitted  to  the  convention,  party  loyalty  and  obedience 
to  party  usage  require  the  minority  to  acquiesce.     {Matter  of  Broat,  6  Misc. 

Rep.  445) 

The  proceedings  in  a  primary  are  irregular,  if  not  he'd  in  a  hal'  of 
sufficient  size  to  accommodate  the  usual  number  of  voters  and  where  it  is 


6o  The  Election  Law  of  1896. 

filled  with  the  adherents  of  one  faction  to  the  exclusion  of  the  others,  where 
proceedings  occupy  only  five  or  ten  minutes  and  a  ballot  is  refused.  (Matter 
of  County  Clerk  of  Clinton,  21  Misc.  543.) 

§  53.  Qualifications  of  voters  at  primaries. — No  person  shall 
be  entitled  to  vote  at  any  primary  unless  he  may  be  qualified  to 
vote  for  the  officers  to  be  nominated  thereat  on  the  day  of  elec- 
tion. They  shall  possess  such  other  qualifications  as  shall  be 
authorized  by  the  regulations  and  usages  of  the  political  party  or 
independent  body  holding  the  same. 

When  an  applicant  has  been  refused  enrollment  as  a  qualified  voter 
at  a  party's  primaries,  an  alternative  writ  of  mandamus  will  issue  to  try 
his  qualifications  as  a  party  voter.     (Matter  of  Guess,  16  Misc.  Rep.  306.) 

It  may  well  be  doubted  whether  the  condition  of  a  voter's  qualification 
to  vote  at  a  party  primary,  that  he  shall  have  voted  the  ticket  of  such  party 
at  the  last  election,  is  reasonable  or  lawful.  (Matter  of  Guess,  16  Misc. 
Rep.  306.) 

It  is  the  legal  right  of  a  party  voter  to  vote  at  the  primaries  of  his 
party,  and  the  question  whether  an  applicant  is  entitled  to  be  enrolled  and 
to  vote  at  the  primaries,  does  not  depend  upon  the  discretion,  nor  upon 
the  decision  of  the  enrolling  committee,  but  upon  the  fact  of  whether  he 
possesses  the  requirements.     (Matter  of  Guess,  16  Misc.  Rep.  306.) 

§  54.  Duties  of  chairman  of  primary. — The  chairman  may  ad- 
minister any  oath  required  to  be  administered  at  any  primary.  He 
shall  decide  all  questions  that  arise  relating  to  the  qualifications 
of  voters  when  the  voter  is  challenged  by  an  elector  and  shall  re- 
ject such  vote,  unless  the  person  offering  the  vote  is  willing  to 
be,  and  shall  be  sworn,  that  he  will  truly  answer  all  questions  put 
to  him  touching  his  qualification  as  such  voter,  and  shall  state 
under  oath  that  he  is  qualified  to  vote  at  such  primary. 

"When  the  chairman  refuses  to  perform  the  duties  of  a  chairman  or 
arrogates  to  himself  the  power  lodged  in  the  meeting  or  caucus  itself,  the 
caucus  or  meeting  have  power  or  authority  to  elect  another  chairman  in 
his  place.     (Matter  of  Broat,  6  Misc.  Rep.  445.) 

It  is  the  duty  of  the  chairman  to  put  motions  properly  made  to  vote. 
He  has  no  right  to  declare  a  motion  or  resolution  carried  without  a  vote 
being  taken,  unless  by  unanimous  acquiescence.     (Matter  of  Broat,  6  Misc. 

Rep.  445-) 
It  is   illegal   for   the   chairman   of   an   assembly   district   convention, 

chosen  by  the  county  committee,  to  refuse  to  call  the  roll  of  the  certified 
members,  on  a  vote  for  temporary  chairman,  putting  the  question  viva  voce 
instead.     (Supreme  Ct.,  Sp.  T.,  1896.     French  v.  Roosevelt,  18  Misc.  307.) 
Kust  secure  to  every  voter  his  right  to  vote.     A  chairman  of  a  pri- 


Primaries,  Conventions  and  Nominations.  6i 

mary  must  secure  to  every  voter  his  right  to  vote,  and  make  possible  a 
"  fair,  full  and  free  expression  of  the  party  will."  (./n  re  County  Clerk  of 
Clinton  County,  48  N.  Y.  Supp.  408.) 

§  55.  Watchers  and  canvass  of  votes  at  primary. — The  ballot 
box  used  at  any  primary  shall  be  examined  by  the  secretary  and 
by  the  tellers,  if  any,  in  the  presence  of  the  watchers,  if  any,  be- 
fore any  ballots  are  received  to  see  that  there  are  no  ballots  therein. 
Such  watchers  are  entitled  to  be  present  from  the  commencement 
of  the  primary  to  the  close  of  the  canvass,  and  the  signing  of  the 
certificate  thereof.  At  the  close  of  the  canvass  of  the  ballots  cast 
for  each  candidate,  the  secretary  shall  publicly  announce  the  vote 
and  the  result  of  the  canvass. 

§  56.  Party  nominations;  choice  of  emblems  for  ballot. — Nom- 
inations made  as  provided  by  this  section  shall  be  known  as  party 
nominations,  and  the  certificate  by  which  such  nominations  are 
certified  shall  be  known  as  a  party  certificate  of  nomination. 
Party  nominations  of  candidates  for  public  office  can  only  be 
made  by  a  convention,  or  by  a  duly  authorized  committee  of  such 
convention  of  a  political  party  which  at  the  last  preceding  gen- 
eral election  before  the  holding  of  such  convention  at  which  a 
governor  was  elected,  cast  ten  thousand  votes  in  the  state  for  such 
officers;  provided,  however,  that  party  nominations  of  candidates 
for  public  office  to  be  voted  for  only  in  a  town,  or  ward  of  a  city, 
or  a  village  or  subdivision  thereof,  can  only  be  made  by  a  conven- 
tion or  primary  or  by  a  duly  authorized  committee  of  such  con- 
vention or  primary  of  a  political  party,  which,  at  the  last  preced- 
ing general  election  before  the  holding  of  such  convention  or  pri- 
mary at  which  a  governor  was  elected  cast  ten  thousand  votes  in 
the  state  for  such  officer.  The  party  certificate  whereby  such  party 
nominations  are  certified  shall  contain  the  title  of  the  office  for 
which  each  person  is  nominated,  the  name  and  residence  of  each 
such  person,  and,  if  in  a  city,  the  street  number  of  the  residence 
of  each  such  candidate  and  his  place  of  business,  if  any.  It  shall 
also  designate,  in  not  more  than  five  words,  the  name  of  the 
political  party  which  the  convention,  primary  or  committee  making 
such  nomination  represents.  It  shall  be  signed  by  the  presiding 
officer  and  a  secretary  of  such  convention  or  primary,  or.  if  made 
by  a  committee,  by  a  majority  of  the  members  thereof,  who  shall 
add  to  their  signature  their  respective  places  of  residence,  and  shall 


62  The  Election  Law  of  1896. 

make  oath  before  an  officer  qualified  to  take  affidavits  that  the 
affiants  were  such  officers  of  such  convention  or  primary,  or  that 
they  are  members  and  constitute  a  majority  of  such  committee, 
and  that  such  certificates  and  the  statements  therein  contained  are 
true  to  the  best  of  their  information  and  beUef.    A  certificate  that 
such  oath  has  been  administered  shall  be  made  and  signed  by  the 
officer  before  whom  the  same  was  taken,  and  attached  to  such  cer- 
tificate of  nomination.     When  the  nomination  is  made  by  a  com- 
mittee, the  certificate  of  nomination  shall  also  contain  a  copy  of  the 
resolution  passed  at  the  convention  or  primary  which  authorized 
such  committee  to  make  such  nomination.     A  certificate  of  nom- 
ination filed  pursuant  to  this  section  may  upon  its  face  appoint  a 
committee  of  one  or  more  persons  for  the  purposes  specified  in  sec- 
tion sixty-six  of  this  act.     When  a  party  nomination  is  made  by 
a  state  convention  of  a  candidate  or  candidates  to  be  voted  for  by 
the  electors  of  the  entire  state,  it  shall  be  the  duty  of  such  conven- 
tion to  select  some  simple  device  or  emblem  to  designate  and  dis- 
tinguish the  candidates  of  the  political  party  making  such  nomina- 
tions or  nomination.     Such  device  or  emblem  shall  be  shown  by  a 
representation  thereof  upon  a  certificate  signed  and  duly  executed 
by  the  presiding  officer  and  a  secretary  of  said  convention,  which 
certificate  shall  be  filed  with  the  secretary  of  state,  and  such  de- 
vice or  emblem,  when  so  filed,  shall  in  no  case  be  used  by  any  other 
party  or  independent  body.     When  any  independent  body  shall 
make  a  like  nomination,  as  provided  by  the  fifty-seventh  section  of 
this  act,  it  shall  be  the  duty  of  the  persons  who  shall  sign  and 
execute  the  certificate  of  nomination  of  such  candidate  or  candi- 
dates, to  likewise  select  some  simple  device  or  emblem  to  desig- 
nate and  distinguish  the  candidate  of  such  independent  body  mak- 
ing such  nomination,  and  such  device  or  emblem  shall  be  shown 
by  the  representation  thereof  upon  a  certificate  signed  and  duly 
executed  by  the  proper  parties  authorized  for  that  purpose.    The 
device  or  emblem  so  chosen,  when  filed  as  aforesaid,  shall  be  used 
to  designate  and  distinguish  all  the  candidates  of  the  same  politi- 
cal party  or  independent  body  nominated  by  such  political  party 
or  independent  body,  or  duly  authorized  committee,  or  primary 
thereof,  in  all  districts  of  the  state  and  shall  continue  to  be  used 
to  designate  and  distinguish  the  candidates  of  such  political  party 
or  independent  body  in  all  districts  of  the  state  until  changed  by 
the  state  convention  of  the  political  party  or  independent  body 
choosing  such  device  or  emblem.     The  device  or  emblem  chosen, 
as  aforesaid,  may  be  the  representation  of  a  star,  an  animal,  an 
anchor,  or  any  other  appropriate  symbol,  but  neither  the  coat  of 


PrIuMaries,  Conventions  and  Nominations.  63 

arms  nor.  seal  of  any  state,  nor  of  the  United  States,  the  national, 
state  or  national  flag,  nor  any  religious  emblem  or  symbol,  nor 
the  portrait  of  any  person,  nor  a  representation  of  a  coin  or  of  the 
currency  of  the  United  States  shall  be  chosen  as  such  distinguish- 
ing device  or  emblem.  If  the  certificate  of  nomination  of  two  or 
more  different  political,  parties  or  independent  bodies  shall  desig- 
nate the  same,  or  substantially  the  same,  device  or  emblem  or  party 
name,  the  officer  with  whom  the  certificates  of  nominations  are  filed 
shall  decide  which  of  said  political  parties  or  independent  bodies  is 
entitled  to  the  use  of  such  device,  or  emblem,  or  party  name,  being 
governed  as  far  as  may  be,  in  his  decision  by  priority  of  designa- 
tion in  the  case  of  the  device  or  emblem,  and  of  use  in  the  case  of 
the  party  name.  If  the  other  nominating  body  shall  present  no 
other  device  or  party  name  after  such  decision,  such  officer  shall 
himself  select  for  such  other  nominating  body  another  device  or 
party  name,  so  that  no  two  different  parties  shall  be  desig- 
nated by  the  same  device  or  party  name.  If  there  be  a  divi- 
sion within  a  party,  and  two  or  more  factions  claim  the  same, 
or  substantially  the  same  device  or  name,  the  officer  afore- 
said shall  decide  between  such  conflicting  claims,  giving  pref- 
erence of  device  and  name  to  the  convention  or  primary, 
or  committee  thereof,  recognized  by  the  regularly  consti- 
tuted party  authorities.  Any  questions  arising  with  reference  to 
any  device,  or  to  the  political  party  or  other  name  designated  in 
any  certificate  of  nomination  filed  pursuant  to  the  provisions  of 
this  section,  or  of  section  fifty-seven  of  this  article,  or  with  ref- 
erence to  the  construction,  validity  or  legality  of  any  such  certifi- 
cate, shall  be  determined  in  the  first  instance  by  the  officer  with 
whom  such  certificate  of  nomination  is  filed.  Such  decision  shall 
be  in  writing,  and  a  copy  thereof  shall  be  sent  forthwith  by  mail 
by  such  officer  to  the  committee,  if  any,  named  upon  the  face  of 
such  certificate,  and  also  to  each  candidate  nominated  by  any 
certificate  of  nomination  aiTected  by  such  decision.  The  supreme 
court,  or  any  justice  thereof,  within  the  judicial  district,  or  any 
county  judge  within  his  county,  shall  have  summary  jurisdiction 
upon  complaint  of  any  citizen,  to  review  the  determination  and 
acts  of  such  officer,  and  to  make  such  order  in  the  premises  as 
justice  may  require,  but  the  final  order  must  be  made  on  or  before 
the  last  day  fixed  for  filing  certificates  of  nominations  to  fill  vacan- 


64  The  Election  Law  of  1896. 

cies  with  such  officer  as  provided  in  subdivision  one  of  section 
sixty-six  of  this  article.  Such  a  complaint  shall  be  heard  upon 
such  notice  to  such  officer  as  the  said  court  or  justice  or  judge 
thereof  shall  direct.  If  any  certificate  of  nomination  of  candi- 
dates to  be  voted  for  by  the  electors  of  the  entire  state,  filed  with 
the  secretary  of  state,  pursuant  to  the  provisions  of  this  act,  shall 
omit  to  designate  a  device  or  emblem  to  distinguish  the  candidates 
of  the  political  party  or  independent  body  making  such  nomina- 
tion, it  shall  be  the  duty  of  the  secretary  of  state  to  select  a  device 
or  emblem  for  that  purpose,  and  such  device  or  emblem  so  chosen 
shall  be  used  to  distinguish  all  candidates  of  that  party  or  inde- 
pendent body  throughout  the  state,  whether  such  candidates  are 
nominated  for  state,  or  for  local  offices ;  and  if  any  certificate  of 
nomination  of  candidates  to  be  filled  by  the  electors  of  a  district 
less  than  the  entire  state  shall  be  filed  with  the  secretary  of  state, 
or  with  any  other  public  officer  pursuant  to  this  article,  by  a  politi- 
cal party  or  independent  body  which  has  made  no  nomination  of 
candidates  for  offices  to  be  filled  by  the  electors  of  the  entire  state, 
and  such  certificate  of  nomination  shall  omit  to  designate  a  device 
or  emblem  to  distinguish  the  candidates  nominated  in  such  certifi- 
cate, it  shall  be  the  duty  of  the  secretary  of  state  or  other  public 
officer  with  whom  such  certificate  of  nomination  is  filed,  to  select 
a  device  or  emblem  to  represent  the  candidates  named  in  such 
certificate  of  nomination.    {Thus  amended  by  chap.  654,  L.  1901.) 

[For  Forms  for  Party  Certificates  of  Nomination,  see  Forms  at  end  of 

this    article.] 

Misconduct  in  relation  to  certificates  of  nomination  is  punishable  by 
imprisonment   for  not   less   than  one  nor  more  than  five  years.      (§   4lg, 

Penal  Code.)  .       .    ,    ,,  . 

Where,  upon  a  refusal  to  call  the  roll,  another  convention  is  held  m  the 
same  hall  upon  a  roll  call,  in  which  a  majority  of  the  legal  delegates 
participate,  the  nominees  of  the  latter  convention  will  be  deemed  regular. 
{French  v.  Roosevelt,  i8  Misc.  307.) 

The  use  of  the  name  National  Democratic  Party  is  not  an  infringement 
on  the  use  of  the  name  "  Democratic  Party."  {Matter  of  Green,  9  App. 
Div.  223;  41  N.  Y.  Supp.  177.) 

The  name  "  Social  Democratic  Party  "  adopted  by  a  political  party  in  a 
certificate  of  nomination  filed  in  the  office  of  the  secretary  of  state  pur- 
suant to  this  section,  is  not  substantially  the  same  as  "  Democratic  Party," 
and  is  therefore  not  an  infringement  upon  the  right  of  the  party  bearing 
the  latter  name.  {Matter  of  Social  Democratic  Party,  45  Misc.  194,  91 
N.  Y.  .Supp.  941.)  ... 

Party  emblems.  Where  a  dispute  arises  owing  to  the  substantial  identity 
of  names  or  emblems  chosen  by  two  political  parties,  it  is  to  be  determined 
by  the  officer  with  whom  the  certificates  of  nomination  are  filed.  Under 
the  statute  such  officer  must  decide  the  dispute  by  determining  as  a  matter 
of  fact  the  "  priority  of  designation  in  the  case  of  a  device  or  ernblem,  and 
of  use  in  the  case  of  the  party  named"  irrespective  of  the  filing  of  the 
certificates.     {Matter  of  Smith,  36  Misc.  292;  73  N.  Y.  Supp.  463.) 

One  delegate  may  cast  vote.  It  is  proper  under  party  usage  for  one 
delegate  from  a  town  to  cast  the  votes  of  all  other  assenting  delegates  of 
the  town.     (In  re  County  Clerk  of  Clinton  County,  21  Misc.  543.) 

Holders  of  minority  certificates  not  entitled  to  recognition.  Certificates 
representing  the  minority  in  the  primaries,  not  signed  by  the  officers  of  the 
primaries,  do  not  give  the  holders  thereof  any  title  to  recognition  as  dele- 


Primaries,  Conventions  and  Nominations.  65 

gates  to  a  county  convention.  (In  re  County  Clerk  of  Clinton  County, 
48  N.  Y.  Supp.  408.) 

The  Primary  Election  Law  does  not  apply  to  the  electoral  proceedings  of 
the  Social  Democratic  Party,  as  it  cast  in  1900  less  than  three  per  cent,  of 
the  entire  vote  in  the  state  for  governor,  and  has  never  elected  to  come  in 
under  that  law ;  but  as  it  then  cast  more  than  ten  thousand  votes  in  the 
state  it  has  a  right  to  nominate  by  a  convention  held  according  to  this 
article  of  the  Election  Law,  and  the  candidate  has  a  right  to  have  his  name 
printed  in  the  official  ballot.  {Matter  of  Ward,  36  Misc.  727;  75  N.  Y. 
Sunp.  403.) 

A  party  nomination  regularly  made  by  a  convention  remains  in  force,  and 
the  convention  has  no  power  to  make  another.  {People  ex  rel.  Simpson  v. 
Police  Conns.,  10  Misc.  y8.) 

When  a  convention  fails  to  nominate  for  a  certain  office,  electors  are  not, 
nevertheless,  deprived  of  their  right  to  vote  for  such  office.  {People  c.v 
rel.  Goring  V.  President,  etc.,  144  N.  Y.  616.)  Where  a  convention  fails 
to  nominate  a  candidate  for  the  office  of  state  senator,  owing  to  a  dead- 
lock, the  chairman  of  the  county  general  conmiittee  of  the  party  may  call 
a  joint  meeting  of  the  county  general  committee  of  the  assembly  districts 
comprising  the  senate  district  affected,  and  of  the  executive  committee  of 
the  county  general  committee,  and  this  joint  meeting  may  nominate  a 
candidate  for  the  office,  pursuant  to  the  rule  or  regulation  properly  adopted 
by  such  general  committee.     {Matter  of  Kclioe,  45  Misc.  132.) 

No  otner  convention  or  committee  than  the  one  nominating  has 
power  to  review  the  nominations  and  to  say  which  of  two  rival  factions 
presenting  delegates  from  primaries  is  the  regular  one.  {Matter  of  Cowie, 
ii  N.  Y.  St.  Rep.  710). 

A  political  convention  is  a  law  unto  itself,  but,  where  the  duty  is 
cast  upon  courts  and  judges  of  determining  the  regularity  and  fairness  of 
political  methods,  those  methods  must  be  subjected  to  the  same  tests  as 
would  those  of  any  other  body  of  men  whose  good  faith  is  questioned,  and 
no  court  or  judge  would  be  justified  in  sustaining  them  when  found  to  be 
inconsistent  with  that  degree  of  sound  morals  which  must  characterize 
an  ordinary  affair  of  business,  even  though  they  be  recognized  and  ap- 
proved by  senatorial  and  state  conventions  of  the  same  political  organiza- 
tions.    {Matter  of  Woodtvorth,  16  N.  Y.  Supp.  147.) 

Regularity  of  nomination.  What  constitutes  regularity  of  nomination 
depends  upon  the  usages  of  the  party  itself  and  not  upon  any  rules  or 
regulations  which  may  seem  just  and  proper  to  courts  or  judges.  {Matter 
of  Redmond,  5  Misc.  Rep.  369.) 

Power  to  revoke  nomination.  A  nomination  made  by  a  city  nominat- 
ing convention  may  be  rescinded  by  it  before  final  adjournment.  {Matter 
of  Nash.  36  Misc.  Rep.  113;  "2  N.  Y.  Supp.  1057.) 

Regularity  of  delegates  to  congressional  conventions  elected  at 
assembly  district  conventions.  If  the  regularity  of  an  assembly  con- 
vention is  determined  by  the  state  committee  and  state  convention  this  ac- 
tion will  govern  the  regularity  of  delegates  elected  at  the  same  time  to 
a  congressional  convention.     (Faircliilds  v.  Ward,  151  N.  Y.  359.) 

Regularity  of  assembly  district  conventions.  Where  two  assembly 
district  conventions  are  organized,  the  decision  of  the  state  convention  and 
state  committee  as  to  regularity  will  be  controlling  on  the  state  officers  and 
the  courts.      {Faircliilds  v.   Ward,  151   N.  Y.  359.) 

Delegates  to  a  convention  can  represent  a  party  to  the  extent  of 
the  authority  given  them.  Delegates  to  a  congressional  convention 
elected  to  choose  delegates  for  the  national  convention  cannot  appoint 
a  new  congressional  committee,  and  the  original  committee  will  continue 
in  power.     {Faircliilds  v.  Ward,  151  N.  Y.  359;  45  N.  E.  Rep.  943) 

Factions.  The  word  "  faction,"  as  used  in  the  Election  Law,  refers  to 
different  political  organizations  in  the  same  party  and  not  to  contending 
members  of  the  same  organization  engaged  in  the  support  of  different  can- 
didates who  are  both  seeking  or  claiming  a  nomination  to  office  from  the 
samp  nolitiral  orffaniznfion.      ( /;;  rr  Hcacrrk.  18  Misc.  311.) 

Where  there  are  several  factions  of  the  same  party    in   the    countv. 


66  The  Election  Law  of  1896. 

the  state  convention  decides  which  faction  shall  have  the  advantage  of  regu- 
larity. The  regular  faction  then  becomes  entitled  to  the  sole  use  of  the 
party  emblem  for  its  local  candidates.  Each  local  faction  can  have  its  own 
emblem  for  all  its  own  local  candidates ;  but  a  local  faction,  not  the  regular 
one,  having  its  own  local  emblem,  cannot  place  under  such  emblem  the 
names  of  the  candidates  nominated  by  the  party  at  large  for  state  offices. 
{Fernbachcr  v.  Roosez'elt.  90  Hun.  441.) 

Courts  will  not  interfere  in  contests  between  factions  of  a  political 
party  unless  there  has  been  no  adjudication  of  the  question  of  regularity 
by  some  division  of  the  party  which  is  conceded  to  be  superior  in  point 
of  authority  to  the  one  in  which  the  contention  arose.  (Matter  of  Pollard, 
55  N.  Y.  St.  Repr.  155.) 

Any  party  interested  may  apply  to  the  court  to  investigate  and 
decide  between  the  contending  candidates,  but  a  member  of  a  county  com- 
mittee, not  one  of  the  candidates  nominated,  is  not  an  interested  person. 
{Matter  of  Woodworth,  64  Hun,  522.) 

Hearings  on  legality  of  nominations  and  certificates. 

The  proceedings  on  the  validity  of  a  certificate  may  be  heard  on  affida- 
vits. (Matter  of  Adams,  21  Misc.  396;  47  N.  Y.  Supp.  543;  Matter  of 
Argus  Co.  138  N.  Y.  557;  Matter  of  Fairchilds,  151  N.  Y.  359;  People  v. 
Petra,  92  N.  Y.  128.) 

Affidavits  of  purported  signers  of  certificates  are  admissible  to  impeach 
the  certificate  of  the  notary.     {In  matter  of  Adams,  21  Misc.  Rep.  396.) 

Under  general  objections  to  certificates  of  nominations,  signers  of  cer- 
tificates may  testify  that  they  never  swore  to  the  certificate.  {In  matter 
of  Adams  and  McParlin,  21  Misc.  Rep.  396.) 

It  is  competent  for  the  notary  to  admit  that  he  inadvertently  failed  to 
swear  certain  signers  o£  the  certificate.  {In  matter  of  Adams,  21  Misc. 
Rep.  396.) 

Designation  of  signer's  residence  and  oath  that  he  is  an  elector  and  has 
truly  designated  his  residence,  are  matters  of  substance  and  are  essential  to 
a  valid  certificate.     {In  re  McParlin,  21  Misc.  396.) 

The  provisions  of  the  law  relative  to  certificates  of  nomination  are  to 
be  liberally  construed.  The  notary's  certificate  following  the  words  of  the 
statute  is  sufficient  though  it  does  not  explicitly  show  the  identity  of  the 
signers  of  the  certificate  with  the  affiants.  {Matter  of  McClosky,  21  Misc. 
365;  47  N.  Y.  Supp.  294.) 

Proceedings  to  review  determination  of  officers. 

The  proceedings  must  be  brought  within  the  judicial  district  where  the 
complainant  lives  and  in  which  the  nomination  is  made,  not  the  district 
in  which  the  officer  lives  with  whom  the  certificate  was  filed.  {Matter  of 
Fairchild,  151  N.  Y.  359;  45  N.  E.  Rep.  943.) 

A  justice  of  the  supreme  court  cannot  hear  such  proceeding.     {lb.) 

A  review  of  the  determination  of  the  secretary  of  state  concerning  cer- 
tificate of  nomination  must  be  confined  to  the  papers  u.sed  before  him. 
(Matter  of  Fairchild,  151  N.  Y.  359;  45  N.  E.  Rep.  943.) 

'i'hc  provision  of  tlie  statute  that  the  order  reviewing  the  determination 
must  be  made  on  or  before  the  last  day  fixed  for  filing  certificates  of  nom- 


Primaries,  Conventions  and  Nominations.  67 

inations  to  fill  vacancies,  applies  to  the  original  order  which  is  appealed 
from  and  the  appellate  division  can  review  this  order  and  make  a  deter- 
mination of  the  appeal  after  that  date.       {Matter  of  Emmett,  150,  N.  Y.  538.) 

Under  section  fifty-six  the  court  is  not  bound  by  the  decisions  of  party 
conventions,  where  it  makes  an  order  to  review  the  decision  of  the  secre- 
tary of  state  as  to  the  regularity  of  party  nomination.  {Supm.  Ct.  Sp.  T., 
1896.  In  re  Heacock,  18  Misc.  Rep.  311;  4i  N.  Y.  Supp.  161;  Matter  of 
Broat,  6  Misc.  Rep.  445) 

An  order  by  a  justice  of  the  supreme  court  under  section  fifty-six,  de- 
termining the  right  to  file  a  certificate  and  reviewing  the  original  determina- 
tion of  the  county  clerk,  is  appealable  to  the  appellate  division  of  the  su- 
preme court.  (1896.  Matter  of  Emmett,  150  N.  Y.  538;  44  N.  E.  Rep. 
1 102;  rev'g  9  App.  Div.  237;  Matter  of  Mitchell,  81  Hun,  401.) 

A  supreme  court  justice  can,  on  proper  motion  and  the  filing  of  a  petition, 
give  an  order  to  the  county  clerk  to  review  the  action  of  a  filing  officer. 
{Matter  of  Cuddeback,  3  App.  Div.  103 ;  39  N.  Y.  Supp.  38.) 

An  appeal  may  be  taken  from  an  order  made  by  a  supreme  court  jus- 
tice reviewing  the  acts  of  the  officer  who  files  the  certificates  of  nomina- 
tion, even  though  the  election  has  been  held.  The  question  may  be  one  of 
great  public  interest.     {Matter  of  Cuddeback,  3  App.  Div.  103.) 

Time  -within  which,  order  may  be  made — The  provisions  of  this  sec- 
tion to  the  effect  that  a  final  order  of  the  court  reviewing  the  determinations 
and  actions  of  the  officers  with  whom  certificates  of  nomination  are  filed, 
must  be  made  on  or  before  the  last  day  fixed  for  filing  certificates  of  nom- 
inations to  fill  vacancies,  viz.,  fifteen  days  before  election,  is  directory  and 
rot  mandatory,  and  where  the  court  has  acquired  jurisdiction  and  a  case 
has  been  submitted  within  the  time  required  by  the  statute,  its  order  will 
be  effectual,  although  made  after  the  expiration  of  such  time.  {Matter  of 
Hcnncssy,  164  N.  Y.  393,  rev'g  54  App.  Div.  180.) 

§  57.  Independent  nominations. — Nominations  made  as  pro- 
vided by  this  section  shall  be  known  as  independent  nom- 
inations, and  the  certificate  whereby  such  nominations  are 
made  shall  be  known  as  an  independent  certificate  of  nom- 
ination. Independent  nominations  of  candidates  for  public  of- 
fice to  be  voted  for  by  all  the  electors  of  the  state  can  only 
be  made  by  six  thousand  or  more  voters  of  the  state ;  pro- 
vided, however,  that  in  making  up  such  number  at  least  fifty 
electors  in  each  county  of  the  state  (the  counties  of  Fulton  and 
Hamilton  to  be  considered  as  one  county)  shall  subscribe  to  the 
certificate  provided  for  in  this  section.  Independent  nominations 
of  candidates  for  municipal  offices  to  be  voted  for  by  all  the  elect- 
ors of  a  municipality  can  only  be  made  if  in  a  city  of  the  first  class 
by  two  thousand  electors  of  such  city;  if  in  cities  of  the  second 
class  by  one  thousand  electors  of  such  city,  and  in  other  cities  by 
five  hundred  electors  thereof.  Independent  nominations  of  can- 
didates for  a  county  office  in  a  county  in  which  there  is  a  city  of 
the  first  class  can  only  be  made  by  two  thousand  electors  of  such 
county.  Independent  nominations  of  candidates  for  public  office 
other  than  municipal  offices  to  be  voted  for  in  a  district  less  than 


68  The  Election   Law  of   1896. 

the  whole  state,  but  greater  than  a  town  or  ward  of  a  city,  can 
only  be  made  by  one  thousand  electors  or  more  of  the  district, 
except  that  five  hundred  voters  or  more  of  an  assembly  or  school 
commissioner  district,  may  make  such  nomination  for  member  of 
assembly  or  school  commissioner  to  be  voted  for  in  such  district. 
Independent  nominations  of  candidates  for  public  office  to  be 
voted  for  only  by  the  electors  of  a  town,  or  a  ward  of  a  city,  or  a 
village,  can  only  be  made  by  one  hundred  electors  or  more  of  such 
town,  ward  or  village,  except  that  when  such  town,  ward  or  vil- 
lage constitutes  an  assembly  or  school  commissioner  district,  five 
hundred  or  more  electors  shall  be  required  as  above  to  make  such 
nomination  for  member  of  assembly  or  school  commissioner.  In- 
dependent nominations  shall  be  made  by  a  certificate  subscribed 
by  such  electors,  each  of  whom  shall  add  to  his  signature  his  place 
of  residence  and  make  oath  that  he  is  an  elector  and  has  truly 
stated  his  residence.  The  making  of  the  said  oath  shall  be  proved 
by  the  certificate  of  the  notary'  or  other  officer  before  whom  the 
said  oath  is  taken,  and  it  shall  be  unnecessary  for  an  elector  who 
has  subscribed  a  certificate  of  nomination  as  herein  provided,  to 
sign  any  affidavit  as  to  the  matter  to  which  he  has  made  oath  as 
aforesaid.  The  certificate  hereinbefore  provided  for  of  the  notary 
or  other  officer  shall  be  in  the  following  form  substantially: 

State  of  New  York,         ) 
County  of P^' 

On  the  day  of  in  the  year 

before  me  personally  came  (here  shall  be  inserted  the  names  of 
each  and  every  elector  appearing  and  making  oath  before  the 
said  officer),  each  of  whom  was  to  me  personally  known  and 
known  by  me  to  be  the  elector  whose  name  and  place  of  residence 
is  subscribed  by  him  to  the  foregoing  certificate  and  each  of  the 
foregoing  electors  being  by  me  duly  and  severally  sworn  did  make 
oath  that  he  is  an  elector  and  has  truly  stated  his  residence,  and 
that  it  is  his  intention  to  support  at  the  polls  the  candidacy  of 
the  person  or  persons  nominated  for  public  office  in  the  foregoing 
certificate  of  nomination. 

(Signature  and  official  title). 

The  certificate  of  nomination  and  each  separate  paper  thereof, 
if  there  be  more  than  one  such  paper,  shall  contain  the  following 
declaration  which  shall  be  subscribed  to  by  the  signers  thereof: 
We  the  undersigned  duly  qualified  electors  of  the  district  for 
which  the  nomination  for  public  office  is  hereby  made  under  the 


Primaries,  Conventions  and  Nominations.  69 

provisions  of  section  fifty-seven  of  the  election  law  do  hereby 
declare  that  it  is  our  intention  to  support  at  the  polls  the  can- 
didacy of  the  person  or  persons  herein  nominated  for  public 
office.  The  certificate  shall  also  contain  the  titles  of  the  offices 
to  be  filled,  the  name  and  residence  of  each  candidate  nominated, 
and  if  in  a  city,  the  street  number  of  such  residence  and  his  place 
of  business,  if  any;  and  shall  designate  in  not  more  than  five 
words  the  political  or  other  name  which  the  signers  shall  select, 
which  name  shall  not  include  the  name  of  any  organized  politi- 
cal party.  All  independent  certificates  of  nomination  shall,  upon 
their  face,  designate  and  select  a  device  or  emblem  to  represent 
and  distinguish  the  candidate  of  the  independent  body  making 
such  nominations,  as  provided,  by  the  fifty-sixth  section  of  this 
act.  A  certificate  may  designate  upon  its  face,  one  or  more  per- 
sons as  a  committee  to  represent  the  signers  thereof,  for  the 
purposes  specified  by  section  sixty-six  of  this  act.  The  signa- 
tures to  the  certificate  of  nomination  need  not  all  be  appended 
to  one  paper.  No  person  shall  join  in  nominating  more  candi- 
dates for  any  one  office  than  there  are  persons  to  be  elected 
thereto,  and  no  certificate  shall  contain  the  names  of  more  can- 
didates for  any  office  than  there  are  persons  to  be  elected  to  such 
office.     {Thus  amended  by  chap.  654,  L.  1901.) 

Five  hundred  electors  are  requisite  to  a  certificate  for  the  independent 
nomination  of  an  alderman  in  the  city  of  New  York.  (Supm.  Ct.,  Sp.  T. 
Matter  of  Pagan,  29  Misc.  403;  47  N.  Y.  Supp.  288.) 

Independent  nomination  of  alderman — Under  this  section  an  inde- 
pendent nomination  may  be  made,  of  a  candidate  for  alderman,  to  be  voted 
for  by  the  electors  of  a  district  which  extends  only  to  a  part  of  the  ward. 
{People  ex  rel.  Behrman  v.  Voorhis.  168  N.  Y.  367;  61"  N.  E.  Rep.  283,  afT'd  65 
.App.  Div.  11;  72  N.  Y.  Supp.  293.) 

Certificate  of  independent  nominations. —  The  above  section  prohibits 
a  certificate  of  an  independent  nomination  from  including  the  name  of  an 
organized  political  party ;  a  certificate  which  states  the  name  selected  for 
the  designation  of  the  independent  party  as  "  independent  republican 
party,"  is  a  violation  of  the  section.  (Matter  of  Smith,  41  Misc.  501,  85 
N.  Y.  Supp.  14.)  The  name  "Independent  Democratic  Party"  includes 
that  of  an  organized  political  party  and  is  unauthorized.  (Matter  of 
Carr,  94  App.  l3iv.  493,  84  N.  Y.  Supp.  534.) 

§  58.  Places  of  filing  certificates  of  nomination. —  Certificates 
of  nomination  of  candidates  for  office  to  be  filled  by  the  electors 
of  the  entire  state,  or  of  any  division  or  district  greater  than  a 
county,  shall  be  filed  with  the  secretary  of  state,  except  that  each 
certificate  of  nomination  of  a  candidate  for  member  of  assembly 
for  the  assembly  district  composing  the  counties  of  Fulton  and 
Hamilton,  shall  be  filed  in  the  office  of  the  county  clerk  of  Fulton 
county,  and  a  copy  thereof  certified  by  the  county  clerk  of  Fulton 
county,  shall  be  filed  in  the  office  of  the  county  clerk  of  Hamilton 
county,  so  long  as  the  said  counties  constitute  one  assembly  dis- 
trict, and  except  that  certificates  of  nomination  of  candidates  for 
offices  to  be  filled  only  by  the  electors  or  a  portion  of  the  electors 
of  the  city  of  New  York  shall  be  tiled  with  the  board  of  elections 
of  the  city  of  New  York.  Certificates  of  nomination  of  candidates 
for  offices  to  be  filled  only  by  the  votes  of  electors,  part  of  whom 


70  The  Election  Law  of  1896. 

are  of  Xcw  York  city,  and  part  of  whom  are  of  a  county  not 
wholly  within  the  city  of  New  York  shall  be  filed  with  the  clerk 
of  such  county  and  in  the  office  of  the  board  of  elections  of 
said  city.  Certificates  of  nomination  of  candidates  for  offices  of 
any  otlier  city  except  the  city  of  BufiFalo,  to  be  elected  at  the 
same  time  at  which  a  general  election  is  held  shall  be  filed  with 
the  clerk  of  the  county  in  which  such  city  is  located.  Certificates 
of  nomination  of  candidates  for  offices  of  any  other  city,  except 
the  city  of  BuflFalo,  or  for  officers  of  a  village  or  town  to  be 
elected  at  a  diflferent  time  from  a  general  election,  shall  be  filed 
with  the  clerk  of  such  city,  village  or  town,  respectively.  In 
towns  in  which  town  meetings  are  held  at  the  time  of  general 
elections,  certificates  of  nomination  of  candidates  for  town  offices 
shall  be  in  duplicate,  one  of  which  shall  be  filed  with  the  town 
clerk  of  the  town  in  which  such  officers  are  to  be  voted  for,  and 
the  other  with  the  clerk  of  the  county  in  which  such  town  is 
located,  except  that  in  the  county  of  Erie,  all  such  duplicate  cer- 
tificates of  nomination  shall  be  filed,  one  with  the  commissioner 
of  elections  and  one  with  the  clerk  of  the  town  in  which  such 
officers  are  to  be  voted  for.  All  other  certificates  of  nomination, 
except  in  the  county  of  Erie,  shall  be  filed  with  the  clerk  of  the 
county  in  which  the  candidates  so  nominated  are  to  be  voted  for, 
and  in  the  county  of  Erie  all  such  certificates,  including  cer- 
tificates for  the  nomination  of  ward  and  city  officers  in  the  city 
of  Buffalo,  shall  be  filed  with  the  commissioner  of  elections.  All 
certificates  and  corrected  certificates  of  nomination,  all  objections 
to  such  certificates  and  all  declination  of  nominations  are  hereby 
declared  to  be  public  records ;  and  it  shall  be  the  duty  of  every 
officer  or  board  to  exhibit  without  delay,  every  such  paper  or 
papers  to  any  person  who  shall  request  to  see  the  same.  It  shall 
also  be  the  duty  of  each  such  officer  or  board  to  keep  a  book 
which  shall  be  open  to  public  inspection,  in  which  shall  be  cor- 
rectly recorded  the  names  of  all  candidates  nominated  by  cer- 
tificates filed  in  the  office  of  such  officer  or  board,  or  certified 
thereto,  the  title  of  the  office  for  which  any  such  nomination  is 
made,  the  political  or  other  name  and  emblem  of  the  political 
partv  or  independent  body  making  such  nomination  ;  and  in  which 
shall  also  be  stated  all  declinations  of  nominations  or  objections 
to  nominations,  and  the  time  of  filing  each  of  the  said  papers. 
(Thus  amended  by  chap.  95,  L.  1901,  chap.  241,  L.  1902,  chap. 
405,  L.  1902,  and  chap.  643,  L.  1905,  in  effect  May  26,  1905.) 

Chap.  24T,  L.  1902,  is  superseded  by  chap.  405,  L.  1902.  The  former  act 
provided  that  certificates  of  nomination  need  not  be  filed  witli  town  clerks 
in  those  counties  having  special  laws  for  the  fiHng  of  certificates  of  nom- 
inations with  the  county  clerk.  These  special  laws  provide  for  holding 
town  meetings  in  the  fall  in  certain  counties,  and  the  latter  act  would  there- 
fore seem  to  accomplish  the  same  purpose  as  the  act  which  it  supersedes. 

§  59.  The  times  of  filing  certificates  of  nomination. —  The  dif- 
ferent certificates  of  nomination  shall  be  filed  within  the  follow- 
ing periods  before  the  election   for  which  the  nominations  are 


Primaries,  Conventions  and  Nominations.  yi 

made,  to  wit :  Those  required  to  be  filed  with  the  secretary  of 
state,  if  party  nominations,  at  least  thirty  and  not  more  than  forty 
days ;  if  independent  nominations,  at  least  twenty-five  days  and 
not  more  than  forty  days ;  those  required  to  be  filed  with  the 
county  clerk,  or  the  board  of  elections  of  the  city  of  New  York, 
or  with  the  city  clerk  of  any  other  city,  or  with  the  commissioner 
of  elections  of  Erie  county,  if  party  nominations,  at  least  twenty- 
five  and  not  more  than  thirty-five  days ;  if  independent  nomina- 
tions, at  least  twenty,  and  not  more  than  thirty-five  days ;  those 
required  to  be  filed  with  a  town  or  village  clerk,  if  party  nomina- 
tions, at  least  fifteen  and  not  more  than  twenty  days ;  if  inde- 
pendent nominations,  at  least  ten  and  not  more  than  twenty  days. 
Except  that  in  towns,  other  than  in  the  county  of  Erie,  where 
town  meetings  are  held  at  the  time  of  general  elections,  certifi- 
cates of  nomination  for  town  officers,  shall  be  filed  with  the  town 
and  county  clerks,  within  the  time  required  by  this  section  for 
the  filing  of  certificates  of  nomination  with  the  county  clerk,  and 
in  the  county  of  Erie  such  certificates  shall  be  filed  with  the  com- 
missioner of  elections  and  the  town  clerks  not  less  than  twenty 
nor  more  than  thirty  days  before  the  day  of  election.  In  case  of 
a  special  election  ordered  by  the  governor  under  the  provisions  of 
section  four  of  the  election  law,  the  certificates  of  nominations 
for  the  office  or  offices  to  be  filled  at  such  special  election  shall 
be  filed  with  the  proper  officer  or  boards  not  less  than  fifteen  days 
before  such  special  election.  {Thus  amended  by  chap.  95,  L. 
1901,  chap.  405,  L.  1902,  and  chap.  643,  L.  1905,  in  effect  May 
26,  1905.) 

The  statutory  provision  in  respect  to  the  time  when  the  certificates  of 
nomination  must  be  filed  is  niaudatory.  and  must  be  complied  with,  and 
after  the  time  has  passed  a  county  clerk  has  no  right  to  receive  and  file 
certificates  of  nominations.     {Matter  of  Cuddcback,  3  App.  Div.  103.) 

Filing  of  certificate  with  county  clerk  after  business  hours. —  A  candi- 
date is  entitled  to  file  his  certificate  of  nomination  at  any  hour  of  the  day 
before  midnight  on  the  last  day  for  filing  such  a  certificate,  by  delivery 
thereof  to  the  county  clerk,  and  is  not  required  to  file  the  same  within  the 
hours  provided  by  statute  for  keeping  the  clerk's  office  open  for  the  trans- 
action of  public  business.  {Matter  of  Norton,  34  App.  Div.  79,  rev'g  53 
N.  Y.  Supp.  924.) 

Court  has  no  power  to  order  certificate  filed  nunc  pro  tunc.^  A  certifi- 
cate of  independent  nomination  presented  for  filing  one  week  after  the  last 
day  prescribed  by  law.  Held  could  not  be  ordered  filed  nunc  pro  tunc. 
{Matter  of  McDonald,  25  Misc.  80.) 

§  60.  Certification  of  nomination  by  secretary  of  state. —  The 
secretary  of  state  shall,  fourteen  days  before  the  election,  certify 
to  the  county  clerk  of  each  county,  except  the  county  of  Erie  and 
those  counties  the  whole  of  which  are  within  the  city  of  New 
York,  and  to  the  board  of  elections  of  the  city  of  New  York,  and 
to  the  commissioner  of  elections  of  the  county  of  Erie,  the  name, 
residence  and  place  of  business,  if  any,  of  each  candidate  nom- 
inated in  any  certificate  so  filed  for  whom  the  electors  of  any  stich 
county  or  said  city,  respectively,  may  vote,  the  title  of  the  office 


J~ 


The  Election  Law  of  1896. 


for  which  he  is  nominated,  the  party  or  other  political  name 
specified  in  such  certificate,  and  the  emblem  or  device  chosen  to 
represent  and  distinguish  the  candidates  of  the  political  party  or  , 
independent  body  making  such  nominations.  (Thus  amended  by 
chap.  95,  L.  1901,  aiid  chap.  643,  L.  1905,  in  effect  May  26,  1905.) 
§  61.  Publication  of  nominations. —  At  least  six  days  before  an 
election  to  fill  any  public  office  the  county  clerk  of  each  county, 
except  those  counties  which  are  wholly  within  the  city  of  New 
York,  and  the  county  of  Erie,  and  in  the  county  of  Erie  the  com- 
missioner of  elections,  shall  cause  to  be  published  in  not  less  than 
two  or  more  than  four  newspapers  within  such  county,  one  of 
which  shall  be  a  daily  newspaper,  if  a  daily  newspaper  is  pub- 
lished in  such  county,  and  in  any  county  having  one  hundred 
thousand  or  more  inhabitants,  adjoining  a  city  having  a  popula- 
tion of  one  million  or  more,  in  not  less  than  six  nor  more  than  ten 
newspapers,  a  list  of  all  nominations  of  candidates  for  offices 
other  than  town  offices  to  be  filled  at  such  election,  certified  to 
such  officer  by  the  secretary  of  state,  or  filed  in  the  office  of  such 
officer.  The  board  of  elections  of  the  city  of  New  York  shall, 
within  the  same  time  before  an  election  to  fill  any  public  office, 
cause  to  be  published  in  two  newspapers  published  in  each 
borough  within  such  city  a  list  of  the  nominations  of  candidates 
for  office  to  be  voted  for  at  such  election  in  such  boroughs  re- 
spectively, which  were  certified  to  such  board  by  the  secretary  of 
state,  or  filed  in  the  office  of  such  board,  and  in  the  borough  of 
Brooklyn  the  board  of  elections  shall  cause  such  publication  to  be 
made  in  the  newspapers  designated  as  corporation  newspapers  of 
said  borough.  Such  publication  shall  contain  the  name  and  resi- 
dence, and  if  in  a  city,  the  street  number  of  the  residence  and 
place  of  business,  if  any,  and  the  party  or  other  designation  of 
each  candidate,  and  a  fac  simile  of  the  emblems  or  devices  selected 
and  designated  as  prescribed  by  the  fifty-sixth  and  fifty-seventh 
sections  of  this  act,  to  represent  and  distinguish  the  candidates  of 
the  several  political  parties  or  independent  bodies.  The  city  clerk 
of  each  city  except  New  York  and  Buffalo  and  the  board  of 
elections  of  the  city  of  New  York,  and  in  the  city  of  Buffalo,  the 
commissioner  of  elections,  shall  at  least  six  days  before  an  elec- 
tion of  city  officers  thereof,  held  at  a  different  time  from  a  general 
election,  cause  like  publication  to  be  made  as  to  candidates  for 
offices  to  be  filled  at  such  city  election  in  a  like  number  of  news- 
papers published  in  such  city.  One  of  such  publications  shall  be 
made  in  a  newspaper  which  advocates  the  principles  of  the 
political  party  that,  at  the  last  preceding  election  for  governor, 
cast  the  largest  number  of  votes  in  the  state  for  such  office ;  and 
another  of  such  publications  shall  be  made  in  a  newspaper  which 
advocates  the  principles  of  the  political  party  that  at  the  last 
preceding  election  for  governor  cast  the  next  largest  number  of 
votes  in  the  state  for  such  office.  The  officer  or  board,  in  select- 
ing the  papers  for  such  publications,  shall  select  those  which, 
according  to  the  best  information  he  can  obtain,  have  a  large 


Primaries,  Conventions  and  Nominations.  73 

circulation  within  such  county  or  city.  In  making^  additional 
publications,  the  officer  or  board  shall  keep  in  view  the  object  of 
g-iving  information,  so  far  as  possible,  to  the  voters  of  all  political 
parties.  The  officer  or  board  shall  make  such  publication  twice  in 
each  newspaper  so  selected  in  a  county  or  city  in  which  daily 
newspapers  are  published ;  but  if  there  be  no  daily  newspaper 
published  within  the  county,  one  publication  only  shall  be  made 
in  each  of  such  newspapers.  Should  the  county  clerk  or  other 
officer  find  it  impracticable  to  make  the  publication  six  days  before 
election  day  in  counties  where  no  daily  newspaper  is  printed,  he 
shall  make  the  same  at  the  earliest  possible  day  thereafter,  and 
before  the  election.  {Thus  amended  by  chap.  95,  L.  1901,  chap. 
74,  L.  1904,  and  chap.  643,  L.  1905,  in  eifect  May  26,  1905.) 

The  designation  of  newspapers  to  publish  lists  of  nominations  is  review- 
able by  a  writ  of  certiorari,  and  such  proceeding  may  be  instituted  by  the 
proprietor  of  a  newspaper  which  has  not  been  designated.  The  one  or 
ones  making  such  designation  cannot  act  arbitrarily,  but  must  show  good 
faith  in  carefully  considering  all  evidence  presented  as  to  circulation. 
(People  ex  rel.  P.  P.  Co.  v.  Martin  ct  al.,  142  N.  Y.  228.) 

Expense  of  publication. —  The  common  council  for  a  city  may  contract 
to  pay  more  for  the  publication  of  election  notices  than  the  rate  prescribed 
by  section  3317  of  the  Code  of  Civil  Procedure  for  the  publication  of  legal 
notices.     {Mack  v.  City  of  Buffalo,  32  Misc.  330.) 

It  should  be  noted  that  the  present  law  does  not  require  that  the  papers 
selected  shall  have  the  largest,  but  only  a  large  circulation  within  the  city 
or  county. 

§  62.  Lists  for  town  clerks  and  aldermen. —  The  county  clerk 
of  each  county,  except  the  county  of  Erie  and  those  counties 
which  are  wholly  within  the  city  of  New  York,  and  in  the  county 
of  Erie  the  commissioner  of  elections,  shall  at  least  six  days  be- 
fore election  day,  send  to  the  town  clerk  of  each  town,  and  to  an 
alderman  of  each  ward  in  any  city  in  the  county,  at  least  five  and 
not  more  than  ten  printed  lists  for  each  election  district  in  such 
town  or  ward,  containing  the  name  and  residence,  and  if  in  a  city, 
the  street  number  of  residence,  and  place  of  business,  if  any.  of 
all  candidates  whose  certificates  of  nomination  have  been  filed 
with  him  or  been  certified  to  him,  and  the  party  or  other  designa- 
tion, and  also  a  fac  simile  of  the  emblem  or  device  of  each 
political  party,  or  independent  body  nominating  candidates  to  be 
voted  for  by  the  electors  of  the  respective  towns  and  wards. 
Such  lists  shall,  at  least  three  days  before  the  day  of  election  be 
conspicuously  posted  by  such  town  clerk  or  alderman  in  one  or 
more  public  places  in  each  election  district  of  such  town  or  ward, 
one  of  which  shall  be  at  each  polling  place.  (Thus  amended  by 
chap.  379,  L.   1897,  0"^  chap.  643,  L.   1905.  in  effect  Ma\  26, 

1905-) 

^  63.  Posting  town  and  village  nominations. —  Each  town  and 
village  clerk  shall  cause  at  least  ten  copies  of  a  like  list  of  all 
nominations  to  office  filed  with  him  for  an  election  to  be  held  at 
a  time  other  than  the  day  of  the  general  election,  to  be  conspicu- 
ously posted  in  ten  public  places  in  the  town  or  village,  at  least 
one  day  before  the  town  meeting  or  village  election,  one  of  which 


74  The  Election  Law  of  1896. 

copies  shall  be  so  posted  at  each  polling  place  of  such  town  meet- 
ing or  village  election.  (Thus  amended  by  chap.  643,  L.  1905, 
in  effect  May  26.  1905.) 

§  64.  Declination  of  nomination. —  The  name  of  a  person  nom- 
inated for  any  office  shall  not  be  printed  on  the  official  ballot  if  he 
notifies  the  officer  with  whom  the  original  certificate  of  his  nomi- 
nation is  filed,  in  a  writing  signed  by  him  and  duly  acknowledged, 
that  he  declines  the  nomination,  or  if  nominated  by  more  than  one 
political  party,  or  independent  body,  the  name  of  a  person  so 
nominated  shall  not  be  printed  on  the  ticket  of  a  party  or  inde- 
pendent body  whose  nomination  he  shall  in  like  manner  decline. 
If  the  declination  be  of  a  party  nomination  filed  with  the  secre- 
tary of  state,  such  notification  shall  be  given  at  least  twenty-five 
days,  and  if  an  independent  nomination,  at  least  twenty  days  be- 
fore the  election.  If  the  declination  be  of  a  party  nomination 
filed  with  a  county  clerk  or  the  board  of  elections  of  the  city  of 
New  York,  or  the  commissioner  of  elections  of  the  county  of 
Erie,  or  with  the  city  clerk  of  any  city,  such  notification  shall  be 
given  at  least  twenty  days  and  if  of  an  independent  nomination 
at  least  eighteen  days  before  the  election.  If  the  declination  be 
of  a  party  nomination  filed  with  a  town  or  village  clerk,  such 
notification  shall  be  given  at  least  ten  days,  and  if  of  an  inde- 
pendent nomination,  at  least  seven  days  before  the  election.  Ex- 
cept that  a  declination  of  nomination  to  a  town  office  in  towns 
where  town  meetings  are  held  at  the  time  of  general  elections 
must  be  filed  in  the  office  of  the  county  clerk,  and  if  in  the  county 
of  Erie  in  the  office  of  the  commissioner  of  elections,  within  the 
time  required  by  this  section  for  filing  the  declination  of  nomina- 
tion to  a  county  office,  and  the  county  clerk  or  the  said  commis- 
sioner shall  forthwith  notify  the  town  clerk  in  writing  of  such 
declination.  The  officer  to  whom  such  notification  is  given,  shall 
forthwith  inform  by  mail  or  otherwise,  the  committee,  if  any, 
appointed  on  the  face  of  such  certificate  as  permitted  by  sections 
fifty-six  and  fifty-seven  of  this  act,  and  otherwise  one  or  more 
persons  whose  names  are  attached  to  such  certificate,  that  the 
nomination  conferred  by  such  certificate  has  been  declined  and  if 
such  declination  be  filed  with  the  secretary  of  state,  such  officer 
shall  also  give  immediate  notice  by  mail  or  otherwise,  that  such 
nomination  has  been  declined,  to  the  several  county  clerks  or 
other  officers,  authorized  by  law  to  prepare  official  ballots  for 
election  districts  affected  by  such  declination.  (Thus  amended 
by  chap.  95,  L.  1901,  chap.  405,  L.  1902,  and  chap.  643,  L.  1905, 
in  effect  .Uay  2Ck  1005.) 

§  65.  Objections  to  certificates  of  nomination. —  A  written  ob- 
jection to  any  certificate  of  nomination  may  be  filed  with  the 
officer  with  whom  the  original  certificate  of  nomination  is  filed 
within  three  days  after  the  filing  of  such  certificate.  If  such  ob- 
jection be  filed,  notice  thereof  shall  be  given  forthwith  by  mail  to 
the  committee,  if  any,  appointed  on  the  face  of  such  certificate 
for  the  purposes  specified  in  section  sixty-six  of  this  act,  and  also 


Primaries,  Conventions  and  Nominations.  75 

to  each  candidate  placed  in  nomination  by  such  certificate.  The 
questions  raised  by  such  written  objection  shall  be  heard  and  de- 
termined as  prescribed  in  section  fifty-six  of  this  act. 

The  validity  of  the  objections  to  a  certificate  of  nomination  is  primarily 
heard,  investigated  and  decided  by  the  officer  with  whom  such  certificate 
is  filed,  and  unless  an  order  be  made  by  a  court  of  competent  jurisdiction 
his  decision  is  final.     (Matter  of  Woodworth,  64  Hun,  522.) 

When  no  objection  to  a  certificate  of  nomination  is  filed  within  the  time 
prescribed,  the  officer  with  whom  the  certificate  is  filed  is  bound  to  recog- 
nize the  certificate  as  valid,  and  the  persons  named  therein  as  the  regular 
nominees.     {Matter  of  Cozvic,  33  N.  Y.  St.  Repr.  710.) 

§  66.  Filling  vacancies  in  nominations,  and  correction  of  cer- 
tificates.—  Subdivision  i.  If  a  nomination  is  duly  declined,  or  a 
candidate  regularly  nominated  dies  before  election  day,  or  is 
found  to  be  disqualified  to  hold  the  ofifice  for  which  he  is  nomi- 
nated, or  if  any  certificate  of  nomination  is  found  to  be  defective 
but  not  wholly  void,  the  coinmittee  appointed  on  the  face  of  such 
certificate  of  nomination,  as  permitted  by  sections  fifty-six  and 
fifty-seven  of  this  act,  may  make  a  new  nomination  to  fill  the  va- 
cancy so  created,  or  may  supply  such  defect,  as  the  case  may  be, 
by  making  and  filing  with  the  proper  oflficer  a  certificate  setting 
forth  the  cause  of  the  vacancy  or  the  nature  of  the  defect,  the 
name  of  the  new  candidate,  the  title  of  the  office  for  which  he  is 
nominated,  the  name  of  the  original  candidate,  the  name  of  the 
political  party  or  other  nominating  body  wdiich  was  inscribed  on 
the  original  certificate  and  such  further  information  as  is  re- 
quired to  be  given  by  an  original  certificate  of  nomination  ;  except 
that  where  a  certificate  is  filed  pursuant  to  this  section  to  fill  a 
vacancy  it  shall  not  be  lawful  to  select  a  new  emblem  or  device. 
but  the  emblem  or  device  chosen  to  represent  or  distinguish  the 
candidate  nominated  by  the  original  certificate  shall  be  used  to 
represent  and  distinguish  the  candidate  nominated,  as  provided 
by  this  section.  The  certificate  so  made  shall  be  subscribed  and 
acknowledged  by  a  majority  of  the  members  of  the  committee, 
and  the  members  of  the  committee  subscribing  the  same  shall 
make  oath  before  the  officer  or  officers  before  whom  they  shall 
severally  acknowledge  the  execution  of  the  said  certificate  that 
the  matters  therein  stated  are  true  to  the  best  of  their  information 
and  belief.  Except  in  a  case  provided  for  in  subdivision  two  of 
this  section,  the  said  certificate  shall  be  filed  in  the  office  in  which 
the  original  certificate  was  filed,  at  least  six  days  before  the 
election,  if  filed  in  the  office  of  a  town  or  village  clerk ;  at  least 
fifteen  days  before  the  election,  if  filed  with  the  county  clerk  or 
the  board  of  elections  of  the  city  of  New  York,  or  the  commis- 
sioner of  elections  of  the  county  of  Erie,  or  the  city  clerk  of  any 
city ;  and  at  least  fifteen  days  if  filed  with  the  secretary  of 
state,  and  upon  being  so  filed  shall  have  the  same  force  and  cflFect 
as  an  original  certificate  of  nomination.  When  such  certificate  is 
filed  with  the  secretary  of  state,  he  shall,  in  certifying  the  nomi- 
nation to  the  various  countv  clerks  and  other  officers,  insert  the 


yd  The  Election  Law  of  1S96. 

name  of  the  person  who  has  been  nominated  as  prescribed  by  this 
section,  instead  of  that  of  the  candidate  nominated  by  the  original 
certificate,  or,  if  he  has  already  sent  forward  his  certificate,  he 
shall  forthwith  certify  to  the  proper  clerks  and  other  officers,  the 
name  of  the  person  nominated  as  prescribed  by  this  section,  and 
such  other  facts  as  are  required  to  be  stated  in  a  certificate  filed 
pursuant  to  this  section.  When  no  nomination  shall  have  been 
originally  made  by  a  political  party,  or  by  an  independent  body 
for  an  office,  or  where  a  vacancy  shall  exist,  it  shall  not  be  lawful 
for  any  committee  of  such  party  or  independent  body  authorized 
to  make  nominations,  or  to  fill  vacancies,  to  nominate  or  substi- 
tute the  name  of  a  candidate  of  another  party  or  independent  body 
for  such  office ;  it  being  the  intention  of  this  act  that  when  a  can- 
didate of  one  party  is  nominated  and  placed  on  the  ticket  of  an- 
other party  or  independent  body,  such  nomination  must  be  made 
at  the  time  and  in  the  manner  provided  for  making  original  nomi- 
nations by  such  party  or  independent  body.  (Thus  amended  by 
chap.  95,  L.  1901,  chap.  49,  L.  1905,  and  chap.  643,  L.  1905,  in 
effect  May  26,  1905.) 

Note. —  Chapter  49  of  L.  1905,  inserted  in  the  first  sentence  the  words 
"  or  the  attempt  to  nominate  at  a  primary  election  results  in  a  tie  vote." 
This  amendment  was  superseded  by  chapter  643  of  L.  1905. 

Subdivision  2.  In  case  of  the  death  of  a  candidate  after  the 
official  ballots  have  been  printed,  and  before  election  day,  the 
vacancy  may  be  filled  by  filing  the  proper  certificate  of  nomina- 
tion of  a  candidate  to  fill  such  vacancy,  with  the  officer  or  board 
with  whom  the  original  certificate  was  filed,  and  it  then  shall  be 
the  duty  of  the  officer  or  board  furnishing  the  official  ballots  to 
prepare  and  furnish  to  the  inspectors  of  election  in  the  election 
districts  afifected  adhesive  pasters  containing  the  name  of  the 
candidate  nominated  to  fill  the  vacancy,  and  the  title  of  the  offxe 
for  whicli  he  was  nominated.  The  pasters  shall  be  of  plain  white 
paper,  printed  in  plain  black  ink  and  in  the  same  kind  of  type  used 
in  printing  the  titles  of  the  offices  and  the  names  of  the  candi- 
dates upon  the  official  ballots,  and  shall  be  of  a  size  as  large  and 
no  larger  than  the  space  occupied  upon  the  official  ballot  by  the 
title  of  the  office  and  the  name  of  the  candidate  in  whose  place  the 
candidate  named  upon  the  paster  has  been  nominated.  If  the 
candidate  be  one  of  a  group  of  candidates,  such  official  paster  shall 
contain  the  name  of  the  candidate  but  not  the  title  of  the  office. 
Whenever  such  pasters  are  provided,  the  officer  or  board  furnish- 
ing them  shall  certify  to  the  inspectors  of  election  in  the  election 
districts  aflFccted  by  the  vacancy,  the  name  of  the  original  candi- 
date, the  name  of  the  new  nominee,  the  title  of  the  office  for 
which  the  nomination  is  made,  and  the  name  of  the  political  party 
or  independent  body  making  the  nom.ination,  and  shall  state  the 
number  of  pasters  furnished,  which  number  shall  be  equal  to  the 
number  of  official  ballots  furnished  for  such  district.     Upon  the 


Primaries,  Conventions  and  Nominations.  'jj 

delivery  of  said  pasters,  the  inspectors  of  election  shall  sig-n  a  re- 
ceipt for  the  same,  which  receipt  shall  be  retained  by  the  officer 
or  board  furnishing  the  pasters,  and  shall  be  part  of  the  record  of 
his  or  their  office.  The  inspectors  shall  deliver  the  pasters  to  the 
ballot  clerks,  who  are  required  to  affix  one  of  such  pasters  in  the 
proper  place  and  in  a  proper  manner  upon  each  official  ballot 
before  said  ballot  shall  be  delivered  to  a  voter.  When  so  affixed 
to  the  official  ballot,  the  pasters  shall  be  considered  as  being  part 
of  the  official  ballot.  The  ballot  clerks  shall  include  in  their  state- 
ment of  ballots  a  statement  showing  the  number  of  pasters  received 
by  them,  the  number  of  pasters  affixed  to  official  ballots  and  the 
number  of  unused  pasters  returned  by  them,  the  unused  pasters  to 
be  enclosed  in  the  package  of  ballots  not  delivered  to  voters.  The 
use  of  any  paster  upon  the  official  ballot  otherwise  than  as  herein 
provided  is  hereby  declared  a  felony,  punishable  by  imprisonment 
in  a  state  prison  for  not  less  than  one  nor  more  than  five  years. 

Nominations  by  conunittee.  Where  a  vacancy  was  left  by  a  conven- 
tion of  the  Prohibition  party  which  was  subsequently  filled  by  the  duly 
authorized  committee  of  such  party  by  nominating  for  office  the  candidate 
nominated  by  the  Democratic  party,  the  secretary  of  state  cannot  refuse 
to  file,  as  invalid,  a  certificate  of  such  nomination.  (Matter  of  Gillespie  v. 
McDotiough,  39  Alisc.  147.) 

[For  Form  of  Certificate,  see  Forms  at  end  of  this  article.] 

PROVISIONS  AFFECTING  CANDIDATES. 
Candidate's  statement  of  election  expenses — "  Every  candidate  who 
is  voted  for  at  any  public  election  held  within  this  state  shall,  within  ten 
days  after  such  election,  file  as  hereinafter  provided  an  itemized  statement 
showing  in  detail  all  the  moneys  contributed  or  expended  by  him,  directly 
or  indirectly,  by  himself  or  through  any  other  person,  in  aid  of  his  elec- 
tion. Such  statement  shall  give  the  names  of  the  various  persons  who  re- 
ceived such  moneys,  the  specific  nature  of  each  item,  and  the  purpose  for 
which  it  was  expended  or  contributed.  There  shall  be  attached  to  such 
statement  an  affidavit  subscribed  and  sworn  by  such  candidate,  setting 
forth  in  substance  that  the  statement  thus  made  is  in  all  respects  true,  and 
that  the  same  is  a  full  and  detailed  statement  of  all  moneys  so  contributed 
or  expended  by  him,  directly  or  indirectly,  by  himself  or  through  any  other 
person  in  aid  of  his  election.  Candidates  for  offices  to  be  filled  by  the  elec- 
tors of  the  entire  state,  or  any  division  or  district  thereof  greater  than  a 
county,  shall  file  their  statements  in  the  office  of  the  secretary  of  state. 
The  candidates  for  town,  village  and  city  offices,  excepting  in  the  city  of 
New  York,  shall  file  their  statements  in  the  office  of  the  town,  village  or 
city  clerk  respectively,  and  in  the  cities  wherein  there  is  no  city  clerk,  with 
the  clerk  of  the  common  council  of  the  city  wherein  the  election  occurs. 
Candidates  for  all  other  offices,  including  all  officers  in  the  city  and  county 
of  New  York,  shall  file  their  statements  in  the  office  of  the  clerk  of  the 
county  wherein  the  election  occurs.  Any  candidate  for  office  who  refuses 
or  neglects  to  file  a  statement  as  prescribed  in  this  section  shall  be  guilty 
of  a  misdemeanor,  and  shall  also  forfeit  his  office."     (§  41-r,  Penal  Code.) 


78  The  Election  Law  of  1896. 

[For  Form  for  Statement  of  Expenses,  see  Form  at  end  of  this  article.] 

Soliciting  candidates  to  purchase  tickets,  etc.,  a  misdemeanor;  but 
this  section  shall  not  apply  to  a  request  for  a  contribution  of  money  by  an 
authorized  representative  of  the  political  party,  organization  or  association 
to  which  such  candidate  belongs."  (§  41^,  Penal  Code.  Added  by  chap. 
155,  Laws  1895.) 

Soliciting  candidate  for  money,  etc.,  for  newspaper — Any  person 
who  solicits  from  a  candidate  for  an  elective  office  money  or  other  property 
as  a  consideration  for  a  newspaper  or  other  publication  supporting  any  can- 
didate for  an  elective  office,  is  guilty  of  a  misdemeanor.  (jSee  §  4ibb,  Penal 
Cede.) 

Soliciting  for  support  of  newspapers,  etc. — Any  person  who  solicits 
from  a  candidate  for  an  elective  office  money  or  other  property  as  a  con- 
sideration for  a  newspaper  or  other  publication  supporting  any  candidate 
for  an  elective  office,  is  guilty  of  a  misdemeanor.  (See  §  41&&,  Penal 
Code.) 

[For  additional  provisions  see  "  Penal  Code."  post.] 


Primaries,  Conventions  and  Nominations — Forms.     79 


FORMS  FOR  ELECTION  LAW,  ARTICLE  3. 


FORM  No.   17. 

(Vor  place  and  time  of  filing  this  certificate,  see  pages  68,  (x).) 

Party  certificate  of  nomination  by  a  state  convention. 

7i?  /A^  Secretary  of  State : 

We  certifv  that  at  a  convention  of  delegates  representing  the 
party,  held  at  on  the  day  of  ,  189     ,  a  political  party 

which,  at  the  last  preceding  general  election,  at  which  a  governor  was 
elected,  cast  ten  thousand  votes  in  the  state  for  such  officer,  the  following 
named  persons  were  placed  in  nomination  for  offices  to  be  filled  at  the 
next  ensuing  general  election  : 


Title  of  o«»^  to 
be  fiUed. 

Name  of  the 
candidate. 

Name  of  the 
party.* 

Place  of  residence 
of  candidate. t 

Place  of  busi- 
ness.! 

We  also  certify  that  such  convention  selected  as  an  emblem  or  device 
to  designate  and  distinguish  the  candidate  of  the  party  in  all 

districts  of  the  state,  a  which  emblem  or  device  is  shown  by  the 

following  representation.     (Insert  fac  simile.) 

We  also  further  certify  that  such  convention  appointed  the  following 
named  person  (or  persons)  a 

committee  for  the  purposes  specified  in  section  sixty-six  of  the  election  law. 

(Signed) 


Presiding  officer  of  Convention. 


(Residence,  city  or  town,  street  and  number,  if  any.) 

Attest : 


Secretary  of  Convention. 

(Residence,  city  or  town,  street  and  number,  if  any.) 

STATE  OF  NEW  YORK,  ) 
County  of  ,     \"'' 

,  being  severally  sworn,  each  for  himself,  says  that  the  said 
was  the  presiding  officer  of  the  convention  of  delegates  mentioned 
and  described  in  the  foregoing  certificate,  and  that  the  said  was 

the  secretary  of  such  convention,  and  that  said  certificate  and   the  state- 
ments therein  contained  are  true,  to  the  best  of  his  information  and  belief. 


Severally  subscribed  and  sworn  to  before 


me,  this 


day  of 


189 


(^Notary  Public:) 
[To  be  filed  with  the  secretary  of  state  at  least  thirty  and  not  more  than 
forty  days  before  election.] 

*To  be  designated  in  not  more  than  five  words. 

t  If  in  a  city,  the  street  number  of  his  residence  and  place  of  busiocM. 


8o 


The  Election  Law  of  1896. 


FOBM  No.  la 

(For  place  and  time  of  filing  this  certificate,  see  pages  68,  69.) 

Party  certificate    of   nominaticn  by  a  congressional,  senatorial    or 
judicial  district  convention. 

To  the  Secretary  of  State  : 
We  certify  that  at  a  convention  of  delegates  representing  the 

party  (a  political  party  which,  at  the  last  preceding  general 
election  at  which  a  governor  was  elected,  cast  ten  thousand  votes  in  the 
state  for  such  officer),  held  at  on  the  day  of  ,  189  . 

in  and  for  the  district,  the  following  named  persons  were  placed 

in  nomination  for  offices  to  be  filled  at  the  next  ensuing  general  election  : 


Title    of    office   to 
be  filled. 


Name   of   the 
candidate. 


Name  of   the 
party.* 


Place  of  residence 
of  candidate. t 


Place     of    busU 
ness.t 


We  also  certify  that  such  convention  appointed  the  following   named 
person  (or  persons)  a  committee  for  the  purposes  specified 

in  section  sixty-six  of  tht  election  law. 

(Signed)  


Presiding  officer  of  Convention^ 


(Residence,  city  or  town,  street  and  number,  if  any.) 


Secretary  of  Convention. 

(Residence,  city  or  town,  street  and  number,  if  any.) 

STATE  OF  NEW  YORK,  \ 

\  ss. .' 
County  of  ,     )     " 

and  ,  being  severally  sworn,  each  for  himself,  says  that  the 

said  was  the  presiding  officer  of  the  convention  of  delegates  men- 

tioned and  described  in  the  foregoing  certificate,  and  that  the  said 
was  the  secretary  of  such  convention,  and  that  said  certificate  and  the  state- 
ments therein  contained  are  true,  to  the  best  of  his  information  and  belief. 


Severally  subscribed  and  sworn  to  before 
me,  this  day  of  ,  189     , 


{Notary  Pudtic.) 
[To  be  filed  with  the  secretary  of  state  at  least  thirty  and  not  more  than 
forty  days  before  election.] 


•  To  be  designated  in  not  more  than  five  words. 

'^  If  in  a  city,  the  street  and  number  of  his  residemce  and  place  of  business. 


Primaries,  Conventions  and  Nominations — Forms,     8i 

FOILM  No.  19. 

(For  place  and  time  of  filing  this  certiflcate,  see  pages  68,  6g.) 

Party  certificate  of  nomination  by  a  convention  for  a  candidate  voted 

for  by  the  voters  of  only  one  county  or  a  portion  of  a  county. 
To  the  County  Clerk  of  County,  State  of  New  York  : 

We  certify  that  at  a  convention  of  delegates  representing  the 
party,  held  at  on  the  day  of  ,  189     ,  a  political 

party  which,  at  the  last  preceding  general  election  at  which  a  governor  was 
elected,  cast  ten  thousand  votes  in  the  state  for  such  oflficers,  the  following 
named  persons  were  placed  in  nomination  for  offices  to  be  filled  at  the 
next  ensuing  election  in  the  (county  or  section  of  county): 


Title  of  office  to 
to  be  filled. 

Name  of  the 
candidate. 

Name  of 
party.* 

Place  of  residence 
of  candidate. t 

Place  of  busi- 
ness.t 

We  also  certify  that  the  following  named  persons 
were  appointed  by  said  convention  a  committee  for  the  purposes  specified 
m  section  sixty-six  of  the  election  law. 
(Name) 


Presiding  officer  of  Convention. 


(Residence,  city  or  town,  street  and  number,  if  any.) 


Secretary  of  Convention. 


(Residence,  city  or  town,  street  and  number,  if  any.) 


>  ss. 


STATE  OF  NEW  YORK, 
County  of 

and         ,  being  severally  sworn,  each  for  himself,  says  that  the  said 

was  the   presiding  officer  of  the  convention  of  delegates  mentioned 

and  described  in  the  foregoing  certificate,  and  that  the  said  was  the 

secretary  of  such  convention,  and  that  said  certificate  and  the  statements 

therein  contained  are  true,  to  the  best  of  his  information  and  belief. 


Severally  subscribed  and  sworn  to  before  ) 
me,  this  day  of  189     .      > 


{Notary  Public:) 


*To  be  designated  in  not  more  than  five  words. 

t  If  in  a  city,  the  street  and  number  of  his  residence  and  place  of  business. 


82 


The  Election  Law  of  1896. 


FOBM  No.  20. 

(For  place  and  time  of  filing  this  certificate,  see  pages  68,  69.) 

Party  certificate  of  nomination  for  a  ward,  town  or  village  ofB.ce. 

To  the  ( TouiH  or  City)  Clerk  of 

We  certify  that  at  a  primary  meeting  of  the  voters  of  the  party, 

held  at  on  the  day  of  ,  189     ,  a  political  party  which, 

at  the  last  preceding  general  election  at  which  a  governor  was  elected, 
cast  ten  thousand  votes  in  the  state  for  such  officer,  the  following  named 
persons  were  placed  in  nomination  for  offices  to  be  filled  at  the  next 
ensuing  election  in  the 

(Village,  ward  or  town.) 


Title  of  office  to  be 
filled. 

Name   of  the 
candidate. 

Name    of  the 
party.* 

Place  of   residence 
of  candidate. t 

Place     of     busU 
ness.t 

We  also  certify  that  the  following  named  person  (or  persons) 
were  appointed  by  said  primary  a  committee  for  the  purposes  specified  in 
section  sixty-six  of  the  election  law. 


(Residence  and  address.) 


Presiding  Officer. 


Secretary* 

(Residence  and  addrees.) 

STATE  OF  NEW  YORK.  )  ^^  . 
County  of  ,     f    "" 

and  ,  being  severally  sworn,  each  for  himself,  says  that  the 

said  was  the  presiding  officer  of  the  primary  meeting  mentioned  and 

described  in  the  foregoing  certificate,  and  that  the  said  was  the  secre- 
tary of  said  primary  meeting,  and  that  said  certificate  and  the  statements 
therein  contained  arc  true,  to  the  best  of  his  information  and  belief. 


Severally  subscribed  and  sworn  to  before 


me,  this        day  of 


189 


Notary  Public. 


•To  be  designated  in  not  more  than  five  words. 

t  If  in  a  city,  the  street  and  number  of  his  residence  and  place  of  business. 


Primaries,  Conventions  and  Nominations — Forms.     83 
FOB.M  No.  21. 

(For  place  and  time  of  filing  this  certificate,  see  pages  68,  69-) 

Party  certificate  of  nomination  by  a  duly  authorized  committee  of 

convention  or  primary. 
To  the 

(Insert  name  of  officer  with  whom  certificate  is  to  be  filed.) 

We  certify  that  at  a  meeting  of  the  duly  authorized  committee  of  the 
(state  or  district)  convention  (or  primary)  representing  the  party, 

held  at  ,  on  the  day  of  ,  189     ,  a  political  party  which, 

at  the  last  preceding  general  election,  at  which  a  governor  was  elected, 
cast  ten  thousand  votes  in  the  state  for  such  officer,  said  committee,  act- 
ing under  authority  of  the  following  resolution,  passed  i  189  ,  at 
a  convention  of  delegates  : 

(Here  insert  resolution  passed  by  convention.) 

placed  in  nomination  for  the  offices  to  be  filled  at  the  next  ensuing  election 
the  following  named  persons  : 


Title  of  office 
to  be  filled. 

Name  of  the 
candidate. 

Name  of  the 
party.* 

Place  of 
residence. t 

Place  of 
bufineii.t 

(Signed) 

• 

• 

• 

• 

A  majority  of  the  members  of  the  committee. 

(The  signers  of  the  foregoing^  certificau  axaxequired  to  add  to  their  ai^atures  their  retpcc< 
IITC  places  of  residence.) 

STATE    OF    NEW    YORK,  ) 
County  of  ,     \  ^^' ' 

and  ,  being  severally  sworn,  each  for  himself  says,  that  he  is 

a  member  of  the  committee  representing  the  party,  and  that 

he  and  the  other  signers  to  the  foregoing  certificate  constitute  a  majority 
of  such  committee,  and,  further,  that  said  certificate  and  the  statements 
therein  contained  are  true,  t«  the  best  of  his  information  and  belief. 


Severally  subscribed  and  sworn  to  before 


me,  this 


day  of 


.189 


{Notary  Puiiu) 


*To  b«  desigitatad  ia  not  more  than  (ire  words. 

t  If  in  a  city,  the  street  and  number  of  residence  and  place  of  busincM. 


84 


The  Election  Law  of  1896. 


FOBM  No.  22. 

(For  time  and  place  of  filing  this  certificate,  see  pages  68,  69  ) 

Independent  certificate  of  nomination. 
To  the 

(Insert  name  of  officer  with  whom  certificate  is  to  be  filed.) 

We,  the  undersigned,  duly  qualified  voters  of  the  State  of  New  York, 
in  accordance  with  the  provisions  of  section  57  of  the  election  law,  hereby 
make  the  following  nomination  for  offices  to  be  filled  at  the  next  election 
in  the 

(State  district  or  election  division.) 


Titles  of  offices  to 
be  filled. 

Name  of  the  can- 
didate. 

Political     or 
other       name 
which  signers 
select.* 

Residence    of 
the     candidate 
nominated.t 

Place     of     buci- 

ness.t 

We  hereby  select  as  an  emblem  or  device  to  represent  and  distinguish  the  candi- 
dates hereby  nominated  by  us  a  which  emblem  or  device  is  shown  by  the  foU 
lowing  representation.     (Insert  fac  simile.) 

And  we  do  designate  and  appoint 

(Name,  residence  and  place  of  business.) 
to  represent  the  signers  of  this  certificate  for  the  purposes  set  forth  in  section  sixty- 
six  of  the  election  law. 

We  the  undersigned  duly  qualified  electors  of  the  district  for  which  the  nomination 
for  public  office  is  hereby  made  under  the  provisions  of  section  fifty- seven  of  the  elec- 
tion law  do  hereby  declare  that  it  is  our  intention  to  support  at  the  polls  the  can- 
didacy of  the  person  or  persons  herein  nominated  for  public  office. 


Signatures. 


Residence,  town   or  city,  str*«t  and  street  num- 
ber, if  any.J 


Note. —  It  is  unnecessary  for  the  signers  to  sign  any  affidavit.  The  making  of  the  oath  it 
to  be  proved  by  the  officers  before  whom  the  oath  is  taken.  The  signatures  need  not  all  be 
appended  to  one  paper. 

Certificate  of  notary  or  other  officer  before  whom  oath  is  taken  to 
be  annexed  to  the  certificate  of  nomination. 

STATE  OF  NEW  YORK,  [  ^^  . 

County  of  .     ^      * 

On  the  day  of  in  the  year  ,  before   me 

personally  came  (here  shall  be  inserted  the  names  of  each  and  every 
elector  appearing  and  making  oath  before  the  said  office),  each  of  whom 

•  To  be  designated  in  not  more  than  five  words  and  not  to  include  names  of  any  organized 
political  party. 

t  If  in  a  city,  also  the  street  and  number  of  residence  and  place  of  businers. 

i  Certificates  of  nominations  for  officers  to  be  voted  for  by  all  the  electors  of  tlii«  Mat* 
■hould  contain  the  names  of  th*  county  in  addition  to  place  of  residence. 


Primaries,  Conventions  and  Nominations — Forms.    85 

was  to  me  persoDaliy  known  and  known  by  me  to  be  the  elector  whose  name  and 

place  of  residence  is  subscribed  by  him  to  the  foregoing  certificate  and  each  of  the 

foregoi»g  electors  being  by  me  duly  and  severally  sworn  did  make  oath  that  he  is 

an  elector  and  has  truly  stated  his  residence,  and  that  it  is  his  intention  to  support 

at  the  polls  the  candidacy  of  the  person  or  persons  nominated  for  public  office  in 

the  foregoing  certificate  of  nomination. 

(Signature  and  official  title.) 


FOBM  No.  23. 
Liat  of  nominations  to  be  published  by  cotinty  clerk. 
To  tht  Electors  of  (  cowity): 

The  following  is  a  true  and  correct  list  of  all  nominations  of  candidates 
for  offices  to  be  filled  at  the  election  to  be  held  ,189     ,  cer- 

tified to  me  pursuant  to  the  provisions  of  chapter  909  of  the  Laws  of  1896 : 


Name  of 
CAudidatei. 

Residence.* 

Place  of 
business.* 

OflSce  to  be 
filled. 

Party  or 
other  desig- 
nation of 
candidate. 

Fac  simile  of 

emblem  or 
device  select- 
ed to  repre- 
sent and  dis- 
tinguish can- 
didates. 

similes     oppo- 
site candidates 

of  each  party.) 

(Signed) 


Clerk  of 


County. 


FORM  No.  24. 
Liat  of  nominations  to  be  posted  by  town  or  village  clerk. 

To  the  Electors  of  {town  or  village  of  )  ; 

The  following  is  a  true  and  correct  list  of  all  nominations  of  candidates 
for  offices  to  be  filled  at  the  election  to  be  held  at  ,  189    , 

filed  with   me  pursuant  to  the  provisions  of  chapter  909  of   1896,  and 
amendments  thereto  : 


Name  of 
candidates. 

Residence. 

OflSce  to  be  filled. 

Party  or  other 

designation  of 

candidates. 

Fac   simile    of   em- 
blems or  devices 
to  represent  and 
distinguish     can- 
didates. 

(Here     insert      fac 
similes    opposite 
candidates  of 
each  party. 

CUrk. 


If  in  a  city,  the  street  number  of  residence  and  place  of  biKinewt 


86 


The  Election  Law  of  1896. 


FOBM  No.  26. 

Printed  list  to  be  sent  by  county  clerk  to  each  town  clerk  or  aldsmutti 

in  county  or  city. 

(Same  to  be  posted  by  town  clerk  or  alderman  in  election  districts.) 

To  the  {Town  Clerk  or  Alderman)  of  {Town  of  or  Ward 

of  )•• 

Please  take  notice  that  the  following  named  persons  have  been  nomi' 
nated  as  candidates  for  office,  to  be  voted  for  at  the  election  to  be  held  in 
your  (town  or  ward)  on  the        day  of  ,  189     ,  as  follows  : 


Name  of 
candidate. 

Place  of 
residence.* 

Place  of 
business.* 

OfiBce  to  be 
filled. 

Party  or 
other  desig- 
nation  of 
candidate. 

Fac  simile  of 
emblems  or 
devices   to 
represent    and 
distinguish 
candidates. 

(Signed) 


Clerk  of 


County. 


FORM  No.  26. 

Declination  of  nomination. 

To  the  Secretary  of  State  {or  other  officer)  : 

Sir  —  Please  take  notice  that  I  decline  the  nomination  for  the  office 
of  ,  tendered  to  me  by  the  (convention,  primary  or  voters)  of  the 

party,  filed  in  your  office. 
Dated 

Yours, 


^^'\ss. 


STATE  OF  NEW  YORK, 

County  of 

On  this        day  of  ,  189    ,  before  me  personally  came  , 

to  me  known  to  be  the  person  described  in,  and  who  executed  the  fore- 
going declination,  and  he  acknowledged  to  me  that  he  executed  the  same 
for  the  purposes  therein  mentioned. 

Notary  Public  or  Justice  of  the  Peace. 


•  If  in  a  city,  the  street  number  of  residence  and  i»lace  of  business. 


Primaries,  Conventions  and  Nominations — Forms.     87 

FORM  No.  27. 
Filling  vacancies  in  nominations  by  duly  authorized  committees. 

To  the  {insert  ojffker  with  whom  original  certificate  of  nomination  is  filed): 
Whereas, 

(Here  set  forth  cause  of  vacancy  or  nature  of  defect  of  certificate  of  nomination.) 

Now,  therefore,  I  (or  we)  ,  the  duly  authorized  com- 

mittee for  the  purposes  specified  in  section  sixty-six  of  the  election  law, 
pursuant  to  the  provisions  of  said  section,  do  hereby  certify  that  I  (or  we) 
have  nominated  the  following  named  person  (or  persons)  to  fill  the  vacancy 
(or  vacancies)  caused  by 


Name  of  new 
candidate. 

Place  of  resi- 
dence. 

Place  of 
business. 

Title  of  office 
for  which 
nominated. 

Name  of 

original 

candidate. 

Name  of  po- 
litical party 

or  other 

nominating 

body. 

(Signed) 


A  majority  of  the  committee. 

(Signers  should  state  residence,  city  or  town,  street  and  number,  if  any.) 

Acknowledgment  and  affidavit  to  be  annexed  to  certificate. 
STATE    OF    NEW    YORK,  )  ^^  . 

County  of  ,     ) 

On  the  day  and  date  below  mentioned  before  me  personally 

appeared  to  me  known  and  known  to  me  to  be  the  persons 

described  and  who  executed  the  foregoing  certificate,  and  severally 
acknowledged  the  execution  thereof  for  the  purposes  therein  set  forth, 
and  each  of  said  persons  being  by  me  severally  duly  sworn  depose  and 
say  that  the  matters  therein  stated  are  true  to  the  best  of  his  information 
and  belief. 

(Signed) 


Acknowledged,  subscribed  and  sworn  to  before 


me,  this 


day  of 


189 


Notary  Public. 


88  The  Election  Law  of  1896. 

JORM  No.  28. 

Caadidate's  statement  of  election  expenses. 
I  ,  a  candidate  voted  for  at  the 

election  held  in  the  state  of  New  York  (or 
county  of  )  on  the  day  of  ,  189  ,  for 

the  office  of  in  said  state    (or  county),  do  hereby  make  and 

file  the  following  itemized  statement,  showing  in  detail  all  the  moneys 
contributed  or  expended  by  me  directly  or  indirectly  by  myself  or  through 
any  other  person  in  aid  of  my  election. 

(Here  insert  items.) 

STATE  OF  NEW  YORK,  j 

County  of  ,  >  ss.  : 

Town  of  .  ^ 

,  being  duly  sworn,  deposes  and  says 

that  he  was  a  candidate  for  the  office  of  and  voted  for 

as  such  at  the  election  held  in  the  said  state  of  New  York 

Qj^  the  of  ,  189    ;  that  the  statement  to  which 

this  affidavit  is  attached  is  in  all  respects  true ;  and  that  the  same  is  a 
full  and  detailed  statement  of  all  moneys  so  contributed  or  expended  by 
him.  directly  or  indirectly,  by  himself  or  through  any  other  person  in 
aid  of  his  election. 

Sworn  to  before  me  this  ) 

ot  ,  189  .  ) 

Notary  Public. 


Official  and  Sample  Ballots,  etc.  89 

abticlb  iv. 

Official  and  sample  ballots,  instruction  cards  and  stationery. 

Section  80.  Official  ballots  for  elections. 

81.  Form  of  general  ballot. 

82.  Form  of  ballot  for  questions  submitted. 

83.  Sample  ballots,  instruction  cards  and  stationery. 

84.  Blank  forms  for  election  officers. 

85.  Number  of  official  ballots. 

86.  Officers  providing  ballots  and  stationery. 

87.  Distribution  of  ballots  and  stationery. 

88.  Errors  and  omissions  in  ballots. 

89.  Unofficial  ballots. 

§  80.  Official  ballots  for  elections. — Official  ballots  shall  be 
provided  at  public  expense  at  each  polling  place  for  every 
election  at  which  public  officers  are  to  be  elected  directly  by 
the  people,  except  an  election  of  school  district  officers  or  school 
officers  of  a  city  or  village  at  which  no  other  public  officer  is  to  be 
elected,  and  except  an  election  of  officers  of  a  fire  district  out- 
side of  cities  and  incorporated  villages,  at  which  excepted  elections 
any  form  of  ballots  which  may  be  adopted  and  used  by  the  meet- 
ing at  which  such  election  shall  be  had  shall  be  legal.  (Thus 
amended  by  chap.  609,  L.   1897.) 

§  81.  Form  of  general  ballot. — There  shall  be  provided  at 
each  polling  place  at  each  election  at  which  public  officers  are 
voted  for,  but  one  form  of  ballot  for  all  the  candidates  for  pub- 
lic office,  and  every  ballot  shall  contain  the  names  of  all  the  can- 
didates whose  nominations  for  any  office  specified  on  the  ballot 
have  been  duly  made  and  not  withdrawn,  as  provided  in  this  act, 
together  with  the  title  of  the  office  arranged  in  tickets  under  the 
titles  of  the  respective  political  parties  or  independent  bodies,  as 
certified  in  the  certificates  of  nomination.  All  ballots  shall  be 
printed  in  black  ink  on  clear  white,  book  paper,  free  from  ground 
wood,  five  hundred  sheets  of  which,  twenty-five  by  thirty-eight 
inches  in  size,  shall  weigh  sixty  pounds,  and  which  shall  test  for 
that  size  and  weight  at  least  twenty  points  on  a  Morrison  tester. 
Every  such  ballot  printed  in  accordance  with  the  provisions  of 
this  act,  shall  contain  a  party  device  for  each  political  party  repre- 
sented on  the  ticket  in  accordance  with  the  provisions  of  section 


90  The  Election  Law  of  1896. 

fifty-six  of  this  act.    The  arrangement  of  the  ballot  shall,  in  gen- 
eral,  conform  as  nearly  as  practicable  to  the  plan  hereinafter 
given.    The   list   of   candidates   of   the   several   parties   shall   be 
printed  in  parallel  columns,  each  column  to  be  headed  by  the 
chosen  device  of  such  party,  and  the  party  name  or  other  des- 
ignation  in   such   order   as   the   secretary   of   state   may   direct, 
precedence,  however,  being  given  to  the  party  which  polled  the 
highest  number  of  votes  for  governor  at  the  last  preceding  gen- 
eral election  for  such  officer,  and  so  on.     The  number  of  such 
columns  shall  exceed  by  one  the  number  of  separate  tickets  of 
candidates  to  be  voted  for  at  the  polling  place  for  which  the  bal- 
lot is  provided,  except  as  otherwise  provided  in  this  section.   The 
party  name  shall  be  printed  in  display,  the  name  or  designation  of 
the  office  in  brevier  lower  case,  and  the  name  of  the  candidate 
therefor  in  brevier  capital  type.     The  title  of  the  office,  together 
with  the  name  of  the  candidate  therefor  shall  be  printed  in  a  space 
one-half  inch  in  depth,  and  at  least  two  inches  in  width  defined  by 
light  horizontal  ruled  lines,  with  a  blank  space  on  the  left  thereof, 
one-fourth  of  an  inch  wide,  inclosed  by  heavier  dark  lines,  which 
space  (called  the  voting  space)  shall  be  of  the  same  depth  as  the 
space  containing  the  title  of  the  office  and  the  name  of  the  can- 
didate ;  provided,  however,  that  when  two  or  more  persons  are  to 
be  voted  for,  for  the  same  office,  for  the  same  term,  on  the  same 
party  ticket,  as  for  instance,  presidential  electors,  the  title  of  the 
office  shall  be  printed  in  the  first  space  only,  which  space  shall  be 
half  an  inch  in  depth  and  the  several  spaces  in  which  only  such 
candidates'  names  are  printed,  and  the  voting  spaces  to  the  left 
thereof,  shall  each  be  one-fourth  of  an  inch  in  depth  between  the 
horizontal  ruled  lines.     On  the  right  of  each  ballot  shall  be  a  col- 
umn in  which  shall  be  printed  only  the  titles  of  the  offices  for 
which  candidates  may  be  voted  for  by  the  electors  at  the  polling 
place  for  which  the  ballot  is  printed.   Such  column  is  designated  as 
the  "  blank  column,"  and  in  such  column  the  voting  spaces  shall 
be  omitted,  but  in  all  other  respects  such  blank  column  shall  be  a 
duplicate  of  the  political  party  columns  upon  such  ballot.     In  the 
space  of  such  column  above  the  heavy  ruled  line  shall  be  printed 
in  great  primer  Roman  condensed  capitals  the  words  "  blank  col- 
umn," and  below  such  words  shall  be  printed  in  brevier  capital 
type  the  following:  "  The  elector  may  write  in  the  column  below. 


Official  and  Sample  Ballots,  etc.  91 

under  the  title  of  the  office,  the  name  of  any  person  whose  name 
is  not  printed  upon  the  ballot,  for  whom  he  desires  to  vote."  At 
elections  at  which  presidential  electors  are  to  be  voted  for,  the 
names  of  the  candidates  for  president  and  vice-president  shall  be 
placed  on  the  ticket  immediately  below  the  name  of  the  party 
making  the  nominations,  and  above  the  heavy  ruled  line  preceding 
the  names  of  the  presidential  electors,  and  shall  be  printed  in  type 
known  as  great  primer  Roman  condensed  capitals.  The  heading 
of  each  party  ticket,  including  the  name  of  the  party,  the  device 
above,  and  the  circle  between  the  device  and  such  name,  shall  be 
separated  from  the  rest  of  the  ticket  by  a  heavy  printed  line,  and 
the  circle  above  the  name  of  the  party  shall  be  defined  by  heavier 
lines  than  the  lines  defining  the  blank  spaces  before  the  names  of 
candidates,  and  such  circle  shall  be  surrounded  by  the  following, 
printed  in  heavy  faced  nonpareil  type :  "  For  a  straight  ticket, 
mark  within  this  circle."  Provided,  however,  that  in  the  case  of 
nominations  provided  for  in  section  fi'fty-seven  of  this  act,  des- 
ignated as  "  independent  nominations,"  the  ballot  shall  be  so  ar- 
ranged that  at  the  right  of  the  last  column  for  nominations 
designated  in  section  fifty-six  as  "  party  nominations,"  the  several 
tickets  of  the  names  of  the  candidates  independently  nominated 
shall  be  printed  in  one  or  more  columns  according  to  the  space 
required,  having  above  each  of  the  tickets  the  political  or  other 
name  selected  to  designate  such  independent  nominations,  and  the 
circle  and  also  the  device  or  emblem  to  represent  and  distinguish 
the  candidates  of  the  several  independent  bodies  making  such 
nominations.  The  independent  tickets  occupying  the  same  col- 
umn shall  be  separated  from  each  other  by  a  solid  black  line  one- 
eighth  of  an  inch  wide.  At  the  top  of  the  column,  and  above  the 
first  emblem  in  each  of  such  columns  for  independent  nominations, 
shall  be  printed  in  type  known  as  great  primer  Roman  con- 
densed capitals  the  words  "  independent  nominations."  Each  col- 
umn upon  the  ballot  shall  be  bordered  on  either  side  by  a  broad 
solid  printed  line  one-eighth  of  an  inch  wide  and  the  edge  of  the 
ballot  on  either  side  shall  be  trimmed  off  up  to  the  border  or  solid 
line  described.  The  ballots  shall  be  so  printed  as  to  give  each 
elector  a  clear  opportunity  to  designate  by  a  cross  X  mark  in  a 
large  blank  circle  three-quarters  of  an  inch  in  diameter,  below  tlie 
device,  and  above  the  name  of  the  party  at  the  head  of  the  ticket 


92  The  Election  Law  of  1896. 

or  list  of  candidates,  his  choice  of  a  party  ticket  and  desire  to 
vote  for  each  and  every  candidate  thereon,  and  by  a  cross  X  mark 
in  a  blank  inclosed  space,  heretofore  designated  as  the  voting 
space,  on  the  left  of  and  before  the  name  of  each  candidate,  his 
choice  of  particular  candidates.  The  ballot  shall  be  printed  on 
the  same  leaf  with  a  stub,  and  separated  therefrom  by  a  perforated 
line.  The  part  above  the  perforated  line  designated  as  the  stub 
shall  extend  the  entire  width  of  the  ballot,  and  shall  be  of  sufficient 
depth  to  allow  the  instructions  to  voters  to  be  printed  thereon,  such 
depth  to  be  not  less  than  two  inches  from  the  perforated  line  to 
the  top  thereof.  Upon  the  face  of  each  stub  shall  be  printed  in 
type  known  as  brevier  capitals  the  following: 

"  This  ballot  should  be  marked  in  one  of  two  ways  with  a  pen- 
cil having  black  lead.  To  vote  a  straight  ticket,  make  a  cross  X 
mark  within  the  circle  above  one  of  the  party  columns.  To  vote 
a  split  ticket,  that  is,  for  candidates  of  different  parties,  the  voter 
should  make  a  cross  X  mark  before  the  name  of  each  candidate 
for  whom  he  votes.  If  the  ticket  marked  in  the  circle  for  a 
straight  ticket  does  not  contain  the  names  of  candidates  for  all 
offices  for  which  the  elector  may  vote,  he  may  vote  for  candidates 
for  such  offices  so  omitted,  by  making  a  cross  X  mark  before  the 
names  of  candidates  for  such  offices  on  another  ticket,  or,  by 
writing  the  names,  if  they  are  not  printed  upon  the  ballot,  in  the 
blank  column  under  the  title  of  the  office.  To  vote  for  a  person 
not  on  the  ballot,  write  the  name  of  such  person  under  the  title  of 
the  office  in  the  blank  column.  Any  other  mark  than  the  cross 
X  mark  used  for  the  purpose  of  voting  or  any  erasure  made  on 
this  ballot,  makes  it  void,  and  no  vote  can  be  counted  hereon.  If 
you  tear,  or  deface,  or  wrongly  mark  this  ballot,  return  it  and  ob- 
tain another." 

On  the  back  of  the  ballot,  below  the  stub,  and  immediately  at 
the  left  of  the  center  of  the  ballot,  shall  be  printed  in  great  primer 
Roman  condensed  capitals  the  words :  "  Official  ballot  for,"  and 
after  the  word  "  for  "  shall  follow  the  designation  of  the  polling 
place  for  which  the  ballot  is  prepared,  the  date  of  the  election,  and 
a  fac  simile  of  the  signature  of  the  officer  who  has  caused  the  bal- 
lots to  be  printed.  Ballots  for  town  meetings  not  held  at  the 
same  time  with  a  general  election  shall  be  indorsed  "  Town,"  and 
for  village  elections,  "Village."     On  the  back  of  the  stub,  and 


Official  and  Sample  Ballots,  etc.  93 

immediately  above  the  center  of  the  indorsement  upon  the  back 
of  the  ballot,  shall  be  printed  the  consecutive  number  of  the  ballot 
beginning  with  "  No.  i,"  and  increasing  in  regular  numerical 
order.  All  of  the  official  ballots  of  the  same  sort  prepared  by  any 
officer  or  board  for  the  same  polling  place,  shall  be  of  precisely 
the  same  size,  arrarrgement,  quality  and  tint  of  paper,  and  kind  of 
type,  and  shall  be  printed  with  black  ink  of  the  same  tint,  so  that 
when  the  stubs  numbered  as  aforesaid  shall  be  detached  there- 
from, it  shall  be  impossible  to  distinguish  any  one  of  the  ballots 
from  the  other  ballots  of  the  same  sort,  and  the  names  of  all  can- 
didates printed  upon  the  ballot  shall  be  in  type  of  the  same  size 
and  character.  If  two  or  more  officers  are  to  be  elected  to  the 
same  office  for  different  terms,  the  terms  for  which  each  is  nom- 
inated shall  be  printed  upon  the  ballot  as  a  part  of  the  title  of  the 
office.  If  at  a  general  election  one  representative  in  congress  is 
to  be  elected  for  a  full  term  and  another  to  fill  a  vacancy,  the 
ballots  containing  the  names  of  the  candidates  shall,  as  a  part  of 
the  title  of  the  office,  designate  the  term  to  fill  which  such  candi- 
dates are  severally  nominated.  When  no  nomination  has  been 
made  by  a  political  party,  as  designated  by  section  fifty-six,  for 
an  office  to  be  filled  at  the  election,  the  title  of  such  office  shall  be 
printed  in  such  party  column,  and  underneath  such  title  shall  be 
printed  in  brevier  capital  type  the  words  "  No  nomination."  No 
ticket  or  list  of  candidates  shall  be  printed,  under  the  name  of  any 
political  party  or  independent  body  which  contains  more  candi- 
dates for  any  office  than  there  are  persons  to  be  elected  to  such 
office. 

In  making  up  the  various  official  ballots,  the  county  clerk  takes 
into  consideration  the  nominations  for  state  and  district  offices  which 
have  been  certified  to  the  secretary  of  state  and  the  nominations  for  local 
offices  which  appear  upon  certificates  filed  in  his  own  office.  In  combin- 
ing the  names  to  go  upon  a  particular  official  ballot  he  is  to  select,  so  far 
as  party  nominations  are  concerned,  the  candidates  nominated  by  one  and 
the  same  party  and  when  there  are  two  sets  of  nominations  from  the 
same  party  he  cannot  refuse  to  place  one  of  these  sets  on  a  ballot  with 
the  state  nominees  simply  because  the  faction  which  made  the  local  nomi- 
nations was  not  recojjnized  by  the  last  state  convention. 

His  duty  is  to  inquire  and  determine  as  a  matter  of  fact  whether  that 
faction  is  really  a  part  of  such  party  or  not.  If  it  is,  its  local  candidates 
should  be  named  on  a  ballot  with  the  state  ticket.    If  it  is  not,  they  should 


94  The  Election  Law  of  1896. 

have  a  ballot  by  themselves  with  blanks  so  far  as  relates  to  state  offices. 
(^Matter  of  Mitchell,  8i  Hun,  401 ;   Matter  of  Wheeler,  10  Misc.  Rep.  55.) 

Officers  cannot  adopt  a  different  order  for  printing  party  names  and 
designations  than  that  directed  by  the  secretary  of  state.  {Fernbacher  v. 
Roosevelt,  90  Hun,  441.) 

One  claiming  a  regular  nomination  at  the  hands  of  a  convention 
which  has  been  declared  to  be  irregular  by  the  supreme  authority  within 
the  party  in  the  state  cannot  be  regarded  as  a  regular  nominee  of  his 
party,  and  is  consequently  not  entitled  to  have  his  name  printed  upon  the 
official  ballot.    {Matter  of  Redmond,  5  Misc.  Rep.  369.) 

No  matter  what  a  body  of  voters  may  have  called  themselves,  if  a 
ticket  is  nominated  and  filed  according  to  law  the  clerk  should  print  the 
ticket  for  the  popular  vote,  and  a  mandamus  will  lie  compelling  him 
so  to  do  in  case  of  either  his  neglect  or  his  refusal  to  act.  (People  ex  rel. 
Wallace  v.  Ryan,  60  Hun.  398.) 

The  only  guide  for  the  county  clerk  in  making  up  the  official  ballots 
consists  of  the  certificates  of  nomination  filed  with  him.  He  cannot  go 
behind  or  beyond  these  and  place  under  the  head  or  emblem  of  a  particu- 
lar party  the  names  of  candidates  not  nominated  by  that  party,  although 
he  may  know  that  such  party  intends  to  support  such  candidates. 
(Matter  of  Madden,  148  N.  Y.  136.) 

§  82.  Form  of  ballot  for  questions  submitted. — Whenever  the 
adoption  of  a  constitutional  amendment  or  any  other  proposition 
or  question  is  to  be  submitted  to  the  vote  of  the  electors  of  the 
state,  or  of  any  district  thereof,  a  separate  ballot  shall  be  provided 
by  the  same  officers  who  are  charged  by  law  with  the  duty  of 
providing  the  official  ballots  for  candidates  for  public  office.  Such 
ballots  shall  comply  with  the  requirements  of  official  ballots  for 
candidates  for  public  office,  in  so  far  as  such  requirements  are  ap- 
plicable thereto.  Under  the  perforated  line  shall  be  clearly 
printed,  in  brevier  lower  case  type,  the  question  of  the  adoption 
of  the  constitutional  amendment  or  other  proposition  or  question 
upon  which  the  electors  within  the  district  for  which  such  ballot  is 
provided  may  lawfully  vote.  If  there  be  more  than  one  constitu- 
tional amendment  or  proposition  or  question  to  be  submitted  to 
the  voters  of  that  district,  the  different  amendments  or  proposi- 
tions or  questions  shall  be  separately  numbered  and  printed,  and 
separated  by  a  broad  solid  line  one-eighth  of  an  inch  wide.  Oppo- 
site and  before  each  such  amendment,  question  or  proposition,  so 
submitted,  shall  be  printed  two  squares  inclosed  in  ruled  lines, 
one  above  the  other.     Preceding  the  upper  one  of  such  squares 


Official  and  Sample  Ballots,  etc.  95 

shall  be  printed  the  words  "  Yes,"  and  preceding  the  lower  one 
of  such  squares  shall  be  printed  the  word  "  No."    At  the  top  of 
each  such  ballots,  immediately  above  the  perforated  line,  shall  be 
printed  in  brevier  capital  type  the  following  words  only :  "  Notice 
to  electors.     For  an  affirmative  vote  upon  any  question  submitted 
upon  this  ballot,  make  a  cross  X  mark  in  the  square  after  the 
word  '  Yes.'     For  a  negative  vote,  make  a  similar  mark  in  the 
square  following  the  word  '  No.'  "    All  such  ballots  for  the  same 
polling  place  shall  be  of  the  same  color  and  size,  and  similarly 
printed,  so  that,  after  the  removal  of  the  stub,  which  shall  be  num- 
bered as  in  case  of  ballots  for  candidates  for  public  office,  it  shall 
be  impossible  to  identify  or  distinguish  any  one  of  such  ballots 
from  the  others.     On  the  back  of  each  such  ballot,  below  the 
stub,  shall  be  printed  in  addition  to  the  indorsement  as  prescribed 
for  general  ballots,  the  words  "  Questions  submitted,"  so  as  to 
distinguish  the  said  ballots  from  the  official  ballots  for  candidates 
for  office.     Ballots  for  the  submission  of  town  propositions  and 
questions  to  be  submitted  at  town  meetings  held  on  election  day 
shall  be  printed  in  the  manner  provided  by  this  section,  but  shall  be 
endorsed  "  Town  proposition    submitted."    All   ballots    for   the 
submission  of  town  propositions  for    raising    or    appropriating 
money  for  town  purposes,  or  for  incurring  a  town  liability,  to  be 
voted  at  any  town  meeting  in  any  town,  shall  be  separate  from 
all  other  ballots  for  the  submission  of  other  propositions  or  ques- 
tions to  the  electors  of  such  town  to  be  voted  a<-  the  same  town 
meeting  or  election.     Such  ballots  shall  be  in  the  form  prescribed 
in  this  section  and  shall  be  endorsed  "  propositions  for  town  ap- 
propriations."    (Thus  amended  by  chap.  598,  L.  1901.) 
Misconduct  in  relation  to  official  ballots. — "  A  person  who     *     *    * 
"4.  Forges  or  falsely  makes  the  official  indorsement  of  any  ballot;  or 
"  5.  Having  charge  of  official  ballots,  destroys,  conceals  or  suppresses 
them,  except  as  provided  by  law. 

"  Is  punishable  by  imprisonment  for  not  less  than  one  nor  more  than 
five  years."     {Extract  §  411^.  Penal  Code.) 

The  names  of  all  candidates  to  be  voted  for  at  a  general  election, 
including  village  police  commissioners,  shall  be  placed  on  the  official  bal- 
lot prepared  by  the  county  clerk.  {In  re  McLaren,  34  N.  Y.  St.  Repr.  634.) 
This  section  does  not  apply  to  an  election  held  to  determine  the  ques- 
tion of  the  incorporation  of  a  proposed  village.  The  general  act  for  the 
incorporation  of  villages  (chap.  291  of  1870)  is  not  repealed  directly  or  by 
implication  by  the  election  law.  Official  ballots  need  not  be  used  in  such 
an  election.     {Matter  of  Taylor,  3  App.  Div.  244.     See  §  82,  Election  Lazv.) 

§  83.  Sample  ballots  and  stationery. — Sample  ballots,  equal  in 
number  to  twenty-five  percentum  of  the  number  of  official  Ijallots 
provided  therefor,  shall  also  be  provided  for  every  polling  place 
for  which  official  ballots  are  required  to  be  provided.  Such  sam- 
ple ballot  shall  be  printed  on  paper  of  a  different  color  from  the 


g6  The  Election  Law  of  1896. 

official  ballot,  and  without  numbers  on  the  stubs,  but  shall,  in  all 
other  respects,  be  precisely  similar  to  the  official  ballots  to  be  voted 
at  that  polling  place.  One  of  such  sample  ballots  shall,  at  any 
time  on  the  day  of  election,  be  furnished  upon  application  to  any 
elector  entitled  to  vote  at  that  polling  place,  and  may  be  taken 
by  him  away  from  such  polling  place  before  receiving  his  official 
ballot  or  ballots.  Twelve  instruction  cards,  printed  in  English, 
and  twelve  printed  in  each  of  such  other  languages  as  the  officer 
or  officers  charged  with  providing  them  shall  deem  necessary, 
shall  also  be  provided  for  each  such  polling  place,  containing  in 
clear,  large  type,  full  instructions  for  the  guidance  of  electors  in 
obtaining  ballots  for  voting,  in  preparing  their  ballots  for  deposit 
in  the  boxes,  in  returning  their  ballots  to  the  ballot  clerks,  and  in 
obtaining  new  ballots  in  place  of  those  returned,  and,  in  smaller 
sized  type,  a  copy  of  each  of  the  sections  of  the  penal  code  relating 
to  crimes  against  the  elective  franchise.  There  shall  also  be  pro- 
vided two  poll-books,  a  suitable  number  of  markers,  designated 
as  "distance  markers,"  to  indicate  the  distance  of  one  hundred 
feet  from  the  polling  place,  two  tally  sheets  and  three  complete 
election  return  blanks  for  the  use  of  inspectors  and  ballot  clerks 
in  the  forms  hereinafter  provided,  heavy  manilla  envelopes  for 
statements  and  returns,  sealing  wax,  pencils  having  black  lead 
only,  pens,  penholders,  blotting  paper  and  ink.  All  such  articles 
herein  enumerated  are  hereby  designated  as  "  stationery." 

[For  Form  for  Instruction  Card,  see  Form  No.  29,  page  108.] 
§  84.  Blank  forms  for  election  officers. — The  officers  charged 
with  the  duty  of  furnishing  official  ballots  shall  furnish  to  the 
board  of  inspectors  of  each  election  district,  two  tally  sheet  blanks, 
three  ballot  return  sheet  blanks,  three  election  return  sheet  blanks, 
one  of  which  shall  be  endorsed  "  original  return,"  the  other 
"  copies  of  the  original  return,"  three  blanks  for  the  report  of  as- 
sisted and  challenged  electors,  which  blanks  shall  be  delivered  to 
such  board  of  inspectors  as  elsewhere  provided. 

Tally  sheets. — The  tally  sheet  blanks  shall  be  printed  as  nearly 
as  possible  in  the  following  form: 


Official  and  Sample  Ballots,  etc. 


97 


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98  The  Election  Law  of  1896. 

Tally  sheets. — The  tally  sheet  blanks  shall  be  as  nearly  as  pos- 
sible in  the  following  form :  At  the  extreme  left  of  such  sheet 
there  shall  be  a  column  headed  "  List  of  offices,"  in  which  shall  be 
printed  the  titles  of  all  the  offices  printed  upon  the  official  ballot, 
and  in  the  same  order.  Each  office  shall  be  separated  by  a  heavy 
ruled  line  running  the  full  width  of  such  sheet.  There  shall  be 
printed  thereon,  in  separate  columns  under  the  name  of  the  re- 
spective parties  the  tickets  of  all  the  parties  as  they  appear  on  the 
official  ballot,  so  that  the  names  of  all  candidates  for  the  same  of- 
fice shall  be  upon  the  same  line.  Opposite  and  to  the  right  of  each 
party  or  independent  ticket  or  list  of  candidates,  shall  be  a  column 
headed  "  Number  of  votes  cast,  and  counted  for  each  candidate 
on  straight  ballots,"  in  which  column  and  opposite  every  name, 
shall  be  entered  the  number  of  straight  party  votes  counted 
(which  number  is  the  same  for  every  candidate  of  that  party). 
To  the  right  of  such  column  there  shall  be  another  column  headed, 
"  Number  of  votes  cast  and  counted  for  each  candidate  on  split 
ballots,"  and  in  such  column  there  shall  be  entered  by  single  marks, 
grouped  into  five  marks,  the  votes  canvassed  for  such  candidates 
on  the  split  ballots.  To  the  right  of  such  column  shall  be  another 
column  headed,  "  Total  number  of  votes  cast  and  counted  for  each 
candidate,"  in  which  shall  be  entered,  opposite  the  name  of  each 
candidate,  the  total  number  of  votes  cast  and  counted  for  such 
candidate  on  both  straight  and  split  ballots.  To  the  right  of  the 
last  column  for  entering  the  total  vote  cast  for  candidates  of  any 
party,  shall  be  a  column  headed,  "  Total  number  of  ballots,  not 
wholly  blank,  on  which  no  vote  was  counted  for  the  following 
offices,"  and  in  such  column  shall  be  entered  opposite  the  titles  of 
the  respective  offices,  by  single  marks,  the  number  of  ballots  on 
which  no  vote  was  cast  for  any  candidate  for  such  office.  To  the 
right  of  such  column  shall  be  another  column  headed,  "Total 
number  of  wholly  blank  ballots,"  in  which  column  shall  be  entered 
opposite  the  title  of  each  office  the  number  of  ballots  found  to  be 
wholly  blank.  To  the  right  of  such  column  shall  be  another  col- 
umn headed,  "  Total  number  of  void  ballots,"  in  which  column 
shall  be  entered  opposite  each  title  of  each  office  the  number  of 
ballots  which  were  rejected  as  void.  At  the  extreme  right  of  such 
sheet  there  shall  be  a  column  headed,  "  Total  number  of  ballots 
accounted  for,"  in  which  shall  be  entered  opposite  each  office  the 


Official  and  Sample  Ballots.  99 

•sum  of  the  total  vote  cast  for  all  candidates  for  the  office,  together 
with  the  number  of  ballots  not  wholly  blank,  on  which  no  vote 
was  counted  for  that  office,  the  total  number  of  wholly  blank,  and 
the  total  number  of  void  ballots,  and  the  votes  cast,  if  any,  for 
candidates  for  such  office  whose  names  are  not  printed  upon  the 
ballot.  Such  sum  must  equal  the  number  of  ballots  voted,  as 
shown  by  the  ballot  clerks'  return  of  ballots,  and  if  it  does  not 
there  has  been  a  mistake  in  the  count,  and  the  ballots  must  be 
recounted  for  such  office.  In  case  a  person  is  voted  for  whose 
name  is  not  printed  on  the  ballot,  the  poll  clerks,  who  shall  keep 
the  tally  sheets,  shall  enter  such  name  and  the  votes  therefor  on 
the  tally  sheet.  The  method  of  counting  the  votes  shall  be  as 
provided  in  section  one  hundred  and  ten  of  the  election  law : 

Duty  piirely  ministerial.  Under  the  election  law,  the  duty  of  the 
inspectors  to  transcribe  from  the  tally  sheet  on  the  official  statement  the 
totals,  is  purely  ministerial.     (In  re  Stezvart.  48  N.  Y.  Supp.  957.) 

The  recount  provided  for  in  this  section  means  a  recount  of  the  bal- 
lots which  were  canvassed  and  recorded  on  the  tally  sheets  on  the  theory 
that  the  mistake  is  due  to  the  fact  that  the  tally  sheets  do  not  set  forth, 
in  the  various  columns,  all  of  the  ballots  subject  to  canvass.  {Matter  of 
Stiles,  69  App.  Div.  589;  75  N.  Y.  Supp.  278.)  This  case  states  in  detail 
the  procedure  to  be  followed  on  such  recount. 

Sample. 

Form  of  ballot  return  to  be  prepared  by  the  ballot  clerks, 
and  attached  to  the  original  statement  of  canvass  made 
by  the  inspectors  and  to  each  copy,  in  compliance  with 
subdivision  two  of  section  one  hundred  and  three  of  the 
election  law: 

1.  The  number  of  full  sets  of  official  ballots  furnished  to 

election  district  number  (five)  of  the  (town  of  Can- 
andaigua),  county  of   (Ontario),  were 800 

2.  The  number  of  sets  of  official  ballots  cancelled  before 

delivery  to  voters  by  reason  of  one  or  more  of  the  set 
being  found  defective  in  printing  or  mutilated,  all  of 
which  were  destroyed  by  us,  were 5 

3.  The  number  of  sets  of  official  ballots  spoiled  and  re- 

turned by  voters,  all  of  which  were  destroyed  by  us, 

were 10 

4.  The  number  of  sets  of  official  ballots  returned  to  the 

county  clerk  or  other  officer,  unused,  were 300 

5.  The  number  of  sets  of  official  ballots  actually  voted 

were 485 

6.  Total  sets  of  official  ballots  accounted  for  are 800 


100  The  Election  Law  of  1896. 

7.  The  number  of  sets  of  detached  stubs  were 5^^ 

8.  The  number  of  sets  of  stubs  on  unused  ballots  were...       300 


9.  The  total  sets  of  stubs  accounted  for  are 8oa 


We  hereby  certify  that  the  foregoing  ballot  return  for  elec- 
tion district  number  (five)  of  the  (town  of  Canandaigua),  county 
of  (Ontario),  for  the  election  held  November  (5th,  1895),  is  cor- 
rect. (Signed.)  


Ballot  Clerks. 
Sample. 

Inspectors'  returns  and  statement  of  canvass. — Original 
official  statement  of  the  result  of  a  (general)  election, 
held  on  the  (fifth)  day  of  November  (1895),  in  the 
(fifth)  election  district  of  the  (town  of  Canandaigua), 
county  of  (Ontario),  state  of  New  York,  made  by  the 
inspectors  of  election  in  and  for  said  district,  which  re- 
turn is  made  as  provided  in  section  one  hundred  and 
eleven  of  the  election  law. 

RETURN  OF  BALLOTS  VOTED. 
"I.  The  whole  number  of  general  ballots  actually  voted,  as 
verified  by  the  return  of  the  ballot  clerks  attached 
hereto  were  (four  hundred  and  eighty-five) 485 

2.  The  number  of  general  ballots  cast  and  found  to  be 

entirely  blank,  all  of  which  were  returned  by  us  to  the 
ballot  box,  were  (five)    5 

3.  The  number  of  general  ballots  cast  which  were  rejected 

by  us  as  "  void  "  and  on  which  no  vote  was  counted 
for  any  candidate,  all  of  which  are  in  the  sealed  pack- 
age returned  herewith,  and  on  each  of  which  ballot  is 
indorsed  the  reason  for  such  rejection,  were  (ten)..         lO 

4.  The  number  of  general  ballots  cast  on  which  votes  were 

counted  for  one  or  more  candidates,  all  of  which  were 
returned  to  the  ballot  box  (except  those  protested  as 
being  marked  for  identification),  were  (four  hundred 
and  seventy) 47^ 

5.  The  total  number  of  ballots  accounted  for  by  us  are . .       485 


Official  and  Sample  Ballots,  etc.  ioi 

We  certify  the  foregoing  statement  of  ballots  voted  is  correct 
in  all  respects. 

Dated,  this  (fifth)  day  of  November  (1895). 


Board  of  Inspectors. 

Statement  and  Eetnxn  of  the  Votes  for  the  Office  of  (Governor). 

1.  The  number  of  ballots  cast  on  which  votes  were  counted 

for  any  candidate  for  office  were  (four  hundred  and 
seventy) 470 

2.  The  number  of  ballots  cast  and  counted  on  which  there 

was  no  vote  for  the  office  of  (governor)  were  (five)  . .  5 

3.  The   whole   number   of   ballots   on   which    votes    were 

counted  for  the  office  of  (governor)  were  (four  hun- 


dred and  sixty-five) 465 


4.  Of  which  (Levi  P.  Morton)  received  (three  hundred).       300 

5.  (David  B.  Hill)  received  (one  hundred  and  sixty-five) .       165 

Total   465 


Statement  and  Return  of  the  Votes  of  the  Office  of  (Lientenant- 

Govemor) . 

1.  The  whole  number  of  ballots  cast  on  which  votes  were 

counted  for  any  candidate  for  office  were  (four  hun- 
dred and  seventy) 470 

2.  The  number  of  ballots  cast  and  counted  on  which  there 

was  no  vote  for  the  office  of  (lieutenant-governor) 

were  (seven) y, 

3.  The   whole   number   of   ballots   on   which   votes    were 

counted  for  the  office  of  (lieutenant-governor)  were 

(four  hundred  and  sixty-three) 463 


102  The  Election  Law  of  1896. 

4.  Of  which  (Charles  T.  Saxton)  received  (three  hundred 

and  tliree) 303 

5.  (William    F.    Sheehan)    received    (one    hundred    and 

sixty)    160 

Total   463 


Statement  and  Return  of  the  Votes  for  the  Office  of   (County 

Clerk). 

1.  The  whole  number  of  ballots  cast  on  which  votes  were 

counted  for  any  candidate  for  office  were  (four  hun- 
dred and  seventy) 470 

2.  The  number  of  ballots  cast  and  counted  on  which  there 

was  no  vote  for  the  office  of   (county  clerk)   were 
(ten)    10 

3.  The   whole   number   of   ballots   on   which   votes    were 

counted  for  the  office  of  (county  clerk)  were  (four 
hundred  and  sixty) 460 

4.  Of  which  (John  Doe)  received  (three  hundred  and  fif- 

teen)         315 

5.  (Richard  Roe)  received  (one  hundred  and  forty-five)  . .       145 

Total  460 


The  number  of  general  ballots  "  protested  as  marked  for  iden- 
tification "  (all  of  which  are  in  the  sealed  package  returned  here- 
with together  with  the  void  ballots)  each  of  which  have  been 
indorsed  by  us  "  protested  as  marked  for  identification,"  the  mark 
or  marking  to  which  objection  was  made  being  specified  upon 
the  back  of  each  such  ballot,  and  all  of  which  were  counted  for 
the  several  candidates  voted  thereon  in  the  foregoing  returns, 
were    (three) 3 

But  such  number  does  not  include  any  ballot  which  was  re- 
jected by  us  as  void.  Such  void  ballots  are  included  in  our  return 
as  "  void  "  ballots  on  which  no  vote  for  any  candidate  was  counted 
and  are  marked  upon  the  back  thereof  "  void  "  and  indorsed  with 


Official  and  Sample  Ballots,  etc.  103 

the  reason  for  so  declaring  them.  They  are  in  the  sealed  package 
returned  herewith  together  with  the  ballots  "  protested  as  being 
marked  for  identification." 

We  certify  the  foregoing  statement  is  correct  in  all  respects. 

Dated  this  (fifth)  day  of  November,  1895. 


Board  of  Inspectors. 

Note. — A  similar  certificate  is  to  be  made  at  the  bottom  of 
each  sheet  or  half  sheet  of  this  return.  If  ballots  are  voted  on 
any  constitutional  amendment  or  question  or  proposition  sub- 
mitted, a  similar  return  is  to  be  included.  Two  certified  copies  of 
this  original  statement  and  return  are  to  be  made. 

Blank  for  the  Report  of  Assisted  and  Challenged  Electors. 

Three  blank  statements  in  the  following  form  shall  also  be  fur- 
nished to  each  board  of  inspectors,  which  shall,  at  the  close  of 
the  election,  be  filled  by  them,  and  one  original  statement  shall  be 
attached  to  the  original  return,  and  a  copy  thereof  to  each  copy  of 
the  original  return. 

1.  The  names  of  persons  who  were  challenged,  and  the  challenge 

not  withdrawn,  were ,   in  all,  three (3) 

2.  The  names  of  persons  who  received  assistance  on  account  of 

physical  disability,  were ,  in  all,  five (5) 

3.  The  names  of  persons  who  received  assistance  on  account  of 

being  unable  to  write  by  reason  of  illiteracy,  were , 

in  all,  two (2) 

We  certify  the  foregoing  statement  is  corect. 
Dated  this  (fifth)  day  of  November,  1895. 


Board  of  Inspectors. 


I04  The  Election  Law  of  1896. 

§  85.  Number  of  official  ballots. — The  number  of  official  bal- 
lots of  each  kind  to  be  provided  for  each  polling  place  for  each 
election  to  be  held  thereat,  except  a  village  election  held  at  a  differ- 
ent time  from  a  general  election,  shall  be  one  and  one-half  times  as 
many  ballots  as  near  as  may  be  as  there  were  names  of  electors  on 
the  register  of  electors  of  such  district  for  such  election  at  the  close 
of  the  fourth  meeting  for  such  registration.  In  cities  of  the  first 
class  the  officer  or  board  charged  with  the  duty  of  furnishing  official 
ballots  shall  furnish  one  and  one-half  times  as  many  official  ballots 
as  near  as  may  be  of  each  kind  to  be  provided  for  such  election  as 
there  are  electors  entitled  to  vote  thereat,  as  nearly  as  can  be  esti- 
mated by  such  officer  or  board.  When  but  two  days  of  registra- 
tion are  required  there  shall  be  a  number  equal  to  one  and  one-half 
times,  as  near  as  may  be,  the  number  of  names  upon  the  register 
at  the  close  of  the  second  meeting  for  registration.  The  number 
of  official  ballots  of  each  kind  to  be  provided  for  each  polling  place 
for  a  town  meeting,  held  at  any  time  or  a  village  or  city  election 
held  at  a  different  time  from  a  general  election,  shall  be  one  and 
one-half  times  as  near  as  may  be  the  number  of  persons  who  will 
be  entitled  to  vote  thereat,  as  nearly  as  can  be  estimated  by  the 
officer  charged  with  the  duty  of  providing  such  ballots.  (Thus 
amended  by  chap.  381,  L.  1900.) 

§  86.  Officers  providing  ballots  and  stationery. —  The  clerk  of 
each  county,  except  the  county  of  Erie  and  those  counties  the 
whole  of  which  are  within  the  city  of  New  York,  and  in  the 
county  of  Erie  the  commissioner  of  elections,  shall  provide  the 
requisite  number  of  official  and  sample  ballots,  cards  of  instruc- 
tion, two  poll  books,  distance  markers,  two  tally  sheets,  inspectors' 
and  ballot  clerks'  return  sheets  (three  of  each  kind,  and  one  of 
each  to  be  marked  "original"),  pens,  penholders,  ink,  pencils 
having  black  lead,  blotting  paper,  sealing  wax  and  such  other 
articles  of  stationery  as  may  be  necessary  for  the  proper  conduct 
of  the  election,  and  the  canvass  of  the  votes,  for  each  election 
district  in  such  county  and  not  within  the  city  of  New  York,  for 
each  election  to  be  held  thereat,  except  that  when  town  meetings, 
city  or  village  elections  and  elections  for  school  officers  are  not 
held  at  the  same  time  as  a  general  election  the  clerk  of  such 
town,  city  or  village,  respectively,  except  in  the  city  of  Buffalo, 
shall  provide  such  official  and  sample  ballots  and  stationery  for 
such  election  or  town  meeting.  If  the  town  meeting  is  held  on 
general  election  day  ballots  and  sample  ballots  for  town  propo- 
sitions shall  be  provided  by  the  town  clerk  in  like  manner  and  in 
the  same  form  as  at  a  town  meeting  held  at  any  other  time  and 
such  town  clerk  shall  also  furnish  inspectors'  and  ballot  clerks' 
return  sheets  for  making  returns  on  town  propositions  or  ques- 


Official  and  Sample  Ballots,  i:tc.  105 

tions.  In  towns  in  which  town  meetings  arc  held  at  the  time  of 
the  general  election  in  an  odd  numbered  year,  the  names  of  candi- 
dates for  town  offices  shall  be  printed  on  the  same  ballots  as  the 
names  of  candidates  for  other  offices  voted  for  in  such  towns  at 
such  general  elections.  In  towns  in  which  town  meetings  arc  held 
on  general  election  day  in  an  even  numbered  year,  the  names  of 
candidates  for  town  officers  shall  be  printed  on  separate  ballots ; 
such  ballots  and  sample  ballots  for  town  officers  shall  be  provided 
by  the  town  clerk  in  like  manner  and  in  the  same  form  as  at  a 
town  meeting  held  at  any  other  time,  and  such  town  clerk  shall 
also  furnish  inspectors'  and  ballot  clerks'  return  sheets  for  making 
returns  of  votes  cast  for  candidates  for  town  offices  at  such  an 
election,  and  the  expense  of  furnishing  such  ballots,  sample  bal- 
lots and  return  sheets  shall  be  a  town  charge.  And  the  board  of 
elections  of  the  city  of  New  York,  and  in  the  city  of  Buffalo  the 
commissioner  of  elections,  shall  provide  such  articles  for  each 
election  to  be  held  in  said  city.  Each  officer  or  board  charged 
with  the  duty  of  providing  official  ballots  for  any  polling  place, 
shall  have  sample  ballots  and  official  ballots  provided,  and  in  the 
possession  of  such  officer  or  board,  and  open  to  public  inspection 
as  follows :  The  sample  ballots  five  days  before  the  election,  and 
the  official  ballots  four  days  before  the  election  for  which  they  are 
prepared  unless  prepared  for  a  village  election  or  town  meeting 
held  at  a  different  time  from  a  general  election,  in  which  case  the 
official  ballot  shall  be  so  printed  and  in  possession  at  least  one  day, 
and  the  sample  ballots  at  least  two  days  before  such  election  or 
town  meeting.  During  the  times  within  which  the  same  are  open 
for  inspection  as  aforesaid,  it  shall  be  the  duty  of  the  officer  or 
board  charged  by  law  with  the  duty  of  preparing  the  same,  to 
deliver  a  sample  ballot  of  the  kind  to  be  voted  in  his  district  to 
each  qualified  elector  w-ho  shall  apply  therefor,  so  that  each  elector 
who  may  desire  the  same  may  obtain  a  sample  ballot,  similar  ex- 
cept as  regards  color  and  the  number  on  the  stub,  to  the  official 
ballot  to  be  voted  at  the  polling  place  at  which  he  is  entitled  to 
vote.  (Thus  amended  by  chaps.  95  atid  615.  L.  1901,  chaps.  176 
and  405,  L.  1902.  chap.  733,  L.  1904,  and  chap.  643,  L.  1905,  in 
effect  May  26,  1905.) 

The  amendment  made  by  chap.  405  of  the  Laws  of  1902  superseded  that 
made  by  chap.  176  of  the  same  year.  The  latter  act  related  to  filing  cer- 
tificates of  nomination  in  Dutchess  county.  The  necessity  for  the  latter 
act  was  abrogated  by  chapter  405,  since  such  act  provided  for  a  single 
ballot  for  all  elections. 

§  87.  Distribution  of  ballots  and  stationery. —  The  county  clerk 
of  each  county,  except  the  county  of  Erie  and  those  counties 
which  are  wholly  within  the  city  of  New  York,  shall  deliver  at 
his  office  to  each  town  or  city  clerk  in  such  county,  except  in  New 
York  city  and  in  the  city  of  Buffalo,  on  the  Saturday  before  the 
election  at  which  they  may  be  voted,  the  official  and  sample  bal- 
lots, cards  of  instructions  and  other  stationery  required  to  be 
provided  for  each  polling  place  in  such  town  or  city  for  such 


io6  The  Election  Law  of  1896. 

election.  It  is  hereby  made  the  duty  of  each  such  town  or  city 
clerk  to  call  at  the  office  of  such  county  clerk  at  such  time  and 
receive  such  ballots  and  stationery.  In  the  cities  of  New  York 
and  Buffalo  the  board  or  officer  required  to  provide  such  ballots 
and  stationery  shall  cause  them  to  be  delivered  to  the  board  of 
inspectors  of  each  election  district  at  least  one-half  hour  before 
the  opening  of  the  polls  on  each  day  of  election.  Each  kind  of 
official  ballots  shall  be  arranged  in  a  package  in  the  consecutive 
order  of  the  numbers  printed  on  the  stubs  thereof,  beginning  with 
number  one.  All  official  and  sample  ballots  provided  for  such 
election  shall  be  in  separate  sealed  packages,  clearly  marked  on 
the  outside  thereof  with  the  number  and  kind  of  ballots  con- 
tained therein  and  endorsed  with  the  designation  of  the  election 
district  for  which  they  were  prepared.  The  instruction  cards  and 
other  stationery  provided  for  each  election  district  shall  also  be 
enclosed  in  a  sealed  package  or  packages,  with  a  label  on  the  out- 
side thereof  showing  the  contents  of  each  such  package.  Each 
such  town  and  city  clerk  receiving  such  packages  shall  cause  all 
such  packages  so  received  and  marked  for  any  election  district  to 
be  delivered  unopened  and  with  the  seals  thereof  unbroken  to  the 
inspectors  of  election  of  such  election  district  one-half  hour  be- 
fore the  opening  of  the  polls  of  such  election  therein.  The  in- 
spectors of  election  receiving  such  packages  shall  give  to  such 
town  or  city  clerk,  or  board,  delivering  such  packages  a  receipt 
therefor  specifying  the  number  and  kind  of  packages  received  by 
them,  which  receipt  shall  be  filed  in  the  office  of  such  clerk  or 
board.  Town,  city  and  village  clerks  required  to  provide  the 
same  for  town  meetings,  city  and  village  elections  held  at  different 
times  from  a  general  election,  and  the  board  of  the  city  of  New 
York  and  in  the  city  of  Buffalo,  the  commissioner  of  elections, 
required  to  provide  the  same  for  elections  held  therein,  respec- 
tively, shall  in  like  manner,  deliver  to  the  inspectors  or  presiding 
officers  of  the  election  at  each  polling  place  at  which  such  meet- 
ings and  elections  are  held,  respectively,  the  official  ballots,  sample 
ballots,  instruction  cards  and  other  stationery,  required  for  such 
election  or  town  meeting,  respectively,  in  like  sealed  packages 
marked  on  the  outside  in  like  manner,  and  shall  take  and  file 
receipts  therefor  in  Jike  manner  in  their  respective  offices.  (Thus 
amended  by  chap.  379,  L.  1897,  and  chap.  643,  L.  1905,  in  effect 
Mav  26,  1905.) 
[For  Forms  for  Receipts,  see  Forms  No.  30-31,  pages  109,  no.] 
Failure  to  deliver  official  ballots. — "Any  person  who  has  undertaken 
to  deliver  official  ballots  to  any  city,  town  or  village  clerk,  or  inspector,  as 
authorized  by  the  election  law,  and  neglects  or  refuses  to  do  so,  is  guilty 
of  a  misdemeanor."     (§  41/1,  Penal  Code.) 

§  88.  Errors  and  omissions  in  ballots. —  Upon  affidavit,  pre- 
sented by  any  elector,  that  an  error  or  omission  has  occurred  in 
the  publication  of  the  names  or  description  of  the  candidates  nom- 
inated for  office,  or  in  the  printing  of  sample  or  official  ballots,  the 


Official  and  Sample  Ballots,  etc.  107 

supreme  court,  or  a  justice  thereof,  may  make  an  order,  requiring 
the  county  clerk  or  other  officer  or  board  charged  with  the  duty  in 
respect  to  which  such  error  or  omission  occurs,  to  correct  such 
error,  or  show  cause  why  such  error  should  not  be  corrected.  The 
county  clerk  or  such  other  officers  or  boards  shall,  upon  their  own 
motion,  correct  without  delay  any  patent  error  in  the  ballots  which 
they  may  discover,  or  which  shall  be  brought  to  their  attention, 
and  which  can  be  corrected  without  interfering  with  the  timely 
distribution  of  the  ballots  to  the  inspectors  for  use  at  such  elec- 
tion. 

Innocent  voters  will  not  be  disfrancMsed  because  of  a  latent  defect 
in  the  official  ballot  furnished  by  the  state,  not  discernible  on  inspection, 
which  ballot  they  were  compelled  to  use,  the  defect  consisting  in  the 
unauthorized  insertion  therein  by  a  public  official,  charged  with  the  duty 
of  making  up  and  printing  the  ballots,  of  names  of  candidates  in  a  party 
column  not  duly  nominated  by  such  party.  (People  ex  rel.  Hirsh  v.  Wood, 
148  N.  Y.  142;    14  Misc.  Rep.  Z77- 

§  89.  TTnofficial  ballots. — If  the  official  ballots  required  to  be 
furnished  to  any  town  or  city  clerk,  or  board,  shall  not  be  de- 
livered at  the  time  required,  or  if  after  delivery  shall  be  lost, 
destroyed  or  stolen,  the  clerk  of  such  town  or  city,  or  such  board, 
shall  cause  other  ballots  to  be  prepared  as  nearly  in  the  form  of 
the  official  ballots  as  practicable,  but  without  the  indorsement, 
and  upon  the  receipt  of  ballots  so  prepared  from  such  clerk  or 
board,  accompanied  by  a  statement  under  oath  that  the  same  have 
been  so  prepared  and  furnished  by  him  or  them,  and  that  the 
official  ballots  have  not  been  so  delivered,  or  have  been  so  lost,  de- 
stroyed or  stolen,  the  inspectors  of  election  shall  cause  the  ballots 
so  substituted  to  be  used  at  the  election  in  the  same  manner,  as 
near  as  may  be,  as  the  official  ballots.  Such  ballots  so  substituted 
shall  be  known  as  unofficial  ballots. 


io8  The  Election  Law  of  1896. 

FORMS  FOR  ELECTION  LAW,  ARTICLE  4. 


FORM  No.  29. 

(See  sec.  83,  Election  Law.) 

Instruction  card  to  be  prepared  and  printed  in  one  or  more  languages 
by  county  clerks,  to  be  distributed  in  each  voting  district  and  hung 
in  each  voting  booth  election  day. 

Instructions  for  the  Guidance  of  Electors. 

Obtaining  ballots. — One  official  ballot  or  set  of  official  ballots,  folded 
in  the  proper  manner  for  voting,  may  be  obtained  by  an  elector  from  the 
ballot  clerks  at  the  polls  of  election,  upon  the  elector  announcing  his  name 
to  the  inspectors  and  after  announcement  by  the  inspectors  that  he  is  duly 
registered.  On  receiving  his  ballot  he  shall  forthwith,  and  without  leav- 
ing the  inclosed  space,  retire  alone  to  one  of  the  unoccupied  voting  booths, 
and  without  undue  delay  unfold  and  mark  his  ballot  as  hereinafter  de- 
scribed, remaining  in  the  booth  not  more  than  five  minutes  in  case  all  the 
booths  are  in  use. 

Bules  for  preparing  ballots. — The  elector  is  to  observe  the  following 
rules  in  marking  his  ballot,  using  only  for  the  purpose  a  pencil  having  a 
black  lead : 

Rule  I.  If  the  elector  desires  to  vote  a  straight  ticket,  that  is,  for  each 
and  every  candidate  of  one  party  for  whatever  office  nominated,  he  should 
make  a  cross  X  mark  in  the  circle  above  the  name  of  the  party  at  the  head 
of  the  ticket. 

Rule  2.  If  the  elector  desires  to  vote  a  split  ticket,  that  is,  for  candidates 
of  different  parties,  he  should  not  make  a  cross  X  mark  in  the  circle  above 
the  name  of  any  party,  but  should  make  a  cross  X  mark  in  the  voting  space 
before  the  name  of  each  candidate  for  whom  he  desires  to  vote  on  what- 
ever ticket  he  may  be. 

Rule  3.  If  the  ticket  marked  in  the  circle  for  a  straight  ticket,  does  not 
contain  the  names  of  candidates  for  all  offices  for  which  the  elector  may 
vote,  he  may  vote  for  candidates  for  such  offices  so  omitted  by  making  a 
cross  X  mark  before  the  names  of  candidates  for  such  offices  on  other 
tickets,  or  by  writing  the  names,  if  they  are  not  printed  upon  the  ballot,  in 
the  blank  column  under  the  title  of  the  office. 

Rule  4.  If  the  elector  desires  to  vote  for  any  person  whose  name  does 
not  appear  upon  the  ballot,  he  can  so  vote  by  writing  the  name  with  a 
pencil  having  black  lead  in  the  proper  place  in  the  blank  column. 

Rule  5.  The  elector  can  vote  blank  for  any  office  by  omitting  to  make  a 
cross  X  mark  in  any  circle,  and  making  a  cross  X  mark  in  the  voting  space 
before  the  name  of  every  candidate  he  desires  to  vote  for,  except  for  the 
office  for  which  he  desires  to  cast  a  blank  vote. 


Official  and  Sample  Ballots,  etc. 


109 


Rule  6.  In  the  case  of  a  question  submitted,  the  elector  shall  make  a 
cross  X  majtJf  in  the  blank  square  space  on  the  right  of  and  after  the  answer 
"  Yes  "  or  "  No,"  which  he  desires  to  give  on  each  such  question  submitted. 

Rule  7.  One  straight  line  crossing  another  straight  line  at  any  angle 
within  a  circle,  or  within  the  voting  spaces,  shall  be  deemed  a  valid  voting 
mark. 

Betuming  and  obtaining  new  ballots  in  place  of  those  returned. — 
If  an  elector  defaces  or  tears  a  ballot  or  one  of  a  set  of  ballots,  or  wrongly 
marks  the  same  ballot  so  that  it  cannot  be  used,  he  may  successively  ob- 
tain others,  one  set  at  a  time,  not  exceeding  in  all  three  sets,  upon  return- 
ing each  set  of  ballots  so  defaced  or  wrongly  marked  to  the  ballot  clerks. 

Delivery  of  ballots  to  inspectors.— After  marking  his  ballot  or  ballots 
and  before  leaving  the  booth  the  elector  must  fold  his  ballot  or  ballots  in 
the  proper  manner  for  voting,  which  is:  First,  by  bringing  the  bottom  of 
each  ballot  up  to  the  perforated  line,  and  second,  by  folding  both  sides  to 
the  center  or  towards  the  center,  in  such  manner  that  when  folded  the  face 
of  each  ballot  shall  be  concealed  and  the  printed  number  on  the  stub  and 
the  indorsement  on  the  back  of  the  ballot  visible.  He  shall  then  deliver 
the  ballot  or  ballots  properly  folded  to  the  inspector  in  charge  of  the  bal- 
lot boxes,  who,  if  the  voter  is  entitled  to  vote  and  be  not  challenged,  or  if 
challenged,  the  challenge  be  decided  in  his  favor,  and  the  ballots  have  no 
unlawful  mark  or  tear  visible  on  the  outside  thereof,  after  removing  the 
stub,  shall  deposit  the  same  in  plain  view  of  the  voter  in  the  proper  ballot 
box  for  the  reception  of  voted  ballots. 

(Here  follow  with  a  copy  of  each  of  the  sections  of  the  Penal  Code  re- 
lating to  crimes  against  the  elective  franchise.) 


FOBM  No.  30. 

(See  sec.  87,  Election  Law.) 

Town  clerk's  or  city  clerk's  receipt  for  official  ballots  received  from 

county  clerk. 


Received  of 
One  package  containing 
One  package  containing 
One  package  containing 
One  package  containing 
One  package  containing 

Dated 


,  clerk  of 
official   ballots, 
sample  ballots, 
poll  books, 
distance  marks, 
stationery. 

(Signed) 


county. 


Town   {or  city)   Clerk. 


no  The  Election  Law  of  1896. 

FOBK  No.  31. 
(See  sec.  87,  Election  Law.) 

Election  inspectors'  receipt  for  official  ballots  recelyed  from  town  or 

city  clerk. 

Received  of  ,  (city  or  town)  cleric, 

One  package  containing  official  ballots. 

One  package  containing  sample  ballots. 

One  package  containing  poll  ballots. 

One  package  containing  distance  markers. 

One  package  containing  stationery. 

Dated 

(Signed) 


Inspectors  of  Election. 
EUftioH  District  No. —  {Town  or  City). 


Conduct  of  Election  and  Canvass  of  Votes.        hi 
abticle  v. 

Conduct  of  Elections  and  Canvass  of  Votes. 

Section  ioo.  Opening  the  polls. 

lOi.  Persons  within  the  guard-rail. 

102.  Watchers ;  challengers,  electioneering. 

103.  General  duties  of  election  officers. 

104.  Delivery  of  ballots  to  electors. 

105.  Preparation  of  ballots  by  electors. 

106.  Manner  of  voting. 

107.  When  unofficial  ballots  may  be  voted. 

108.  Challenge  and  oaths. 

109.  Time  allowed  employes  to  vote. 
no.  Method  of  canvass. 

111.  Original  statement  of  canvass  and  certified  copies. 

112.  Proclamation  of  result. 

113.  Delivery  and  filing  of  papers  relating  to  the  election. 

114.  Judicial  investigation  of  ballots. 

§  100.  Opening  the  polls. — The  inspectors  of  election,  poll 
clerks  and  ballot  clerks  of  each  election  district  shall  meet  at  the 
polling  place  therein  at  least  one-half  hour  before  the  time  set  for 
opening  the  polls  at  each  election  for  which  official  ballots  are  re- 
quired to  be  provided,  and  shall  proceed  to  arrange  the  space 
within  the  guard  rail  and  the  furniture  thereof,  including  the 
voting  booths,  for  the  orderly  and  legal  conduct  of  the  election. 
The  inspectors  of  election  shall  then  and  there  have  the  ballot 
boxes  required  by  law  for  the  reception  of  ballots  to  be  voted 
thereat ;  the  box  for  the  reception  of  ballots  found  to  be  defective 
in  printing  or  mutilated,  before  delivery  to,  and  ballots  spoiled  and 
returned  by  electors ;  the  box  for  the  stubs  of  voted  and  spoiled 
ballots,  the  sealed  packages  of  official  ballots,  sample  ballots  and 
instruction  cards  and  distance  markers,  poll  books,  tally-sheets, 
return  sheets  and  other  stationery  required  to  be  delivered  to  them 
for  such  election ;  and  if  it  be  an  election  at  which  registered 
electors  only  can  vote,  the  register  of  such  electors  required  to 
be  made  and  kept  therefor.  The  inspectors  shall  thereupon  open 
the  sealed  packages  of  instruction  cards  and  cause  them  to  be 
posted  conspicuously,  at  least  one,  and  if  printed  in  different  lan- 
guages, at  least  one  of  eacli  language,  in  each  of  the  voting  booths 
of  such  polling  place,  and  at  least  three  of  each  language  in  which 


112  The  Election  Law  of  1896. 

they  are  printed  in  or  about  the  polling  place ;  shall  open  the  sealed 
packages  of  official  ballots  and  sample  ballots,  and  place  them  in 
charge  of  the  ballot  clerks,  and  shall  place  the  poll  books  in  charge 
of  the  poll  clerks,  and  shall  cause  to  be  placed  at  a  distance  of  one 
hundred  feet  from  the  polling  place  the  visible  markers  designated 
herein  as  "  distance  markers,"  to  prohibit  "  loitering  or  election- 
eering "  within  such  distance.  They  shall  also,  before  any  ballots 
are  cast,  see  that  the  voting  booths  are  supplied  with  pencils  hav- 
ing black  lead  only,  unlock  the  ballot  boxes,  see  that  they  are 
empty,  allow  the  watchers  present  to  examine  them,  and  shall 
lock  them  up  again  while  empty  in  such  manner  that  the  watchers 
present  and  persons  just  outside  the  guard-rail  can  see  that  such 
boxes  are  empty  w.hen  they  are  relocked.  After  such 
boxes  are  so  relocked  they  shall  not  be  unlocked  or  opened 
until  the  closing  of  the  polls  of  such  election,  and,  except 
as  authorized  by  law,  no  ballots  or  other  matter  shall  be  placed  in 
them  after  they  are  so  relocked  and  before  the  announcement  of 
the  result  of  such  canvass  and  the  signing  of  the  original  state- 
ment of  canvass  and  the  two  certified  copies  thereof.  The  in- 
struction cards  and  distance  markers  posted  as  provided  by  law 
shall  not  be  taken  down,  torn  nor  defaced  during  such  election. 
The  ballot  clerks,  with  the  official  and  sample  ballots;  the  in- 
spectors, with  such  boxes  and  register  of  electors,  and  the  poll 
clerks,  with  their  poll  books,  shall  be  stationed  as  near  each  other 
as  practicable  within  such  inclosed  space.  One  of  the  inspectors 
shall  then  make  proclamation  that  the  polls  of  the  election  are 
open,  and  of  the  time  o'clock  in  the  afternoon  when  the  polls  will 
be  closed. 

[For  Form  of  Proclamation,  see  Forms  at  end  of  article.] 

MISCELLANEOUS  PROVISIONS  RELATING  TO  OPENING  OF 

POLLS. 

Election  officers  to  take  additional  oath  before  opening  of  polls.  {See 
subd.  2,  §  104,  Election  Law,  and  Form  for  Additional  Oath,  at  end  of  this 

article. ) 

Time  of  opening  and  closing  polls. — Unless  otherwise  provided  by 
law,  the  polls  shall  open  at  six  o'clock  in  the  forenoon  and  shall  close  at 
five  o'clock  in  the  afternoon.  There  shall  be  no  adjournment  or  intermis- 
sion until  the  polls  are  closed.     (See  §  3.  Election  Law.) 

Meeting  of  inspectors  and  poll  clerks  before  opening  of  polls  when 
voting  machines  are  used. — "  The  inspectors  and  poll  clerks  shall  meet 


Conduct  of  Election  and  Canvass  of  Votes.         113 

at  their  respective  polling  places  in  each  district  at  least  three  quarters  of  an 
hour  before  the  time  set  for  the  opening  of  the  polls."  {See  §  173,  Election 
Law. ) 

Removal,  mutilation  or  destruction  of  election  supplies,  poll-lists 
or  cards  of  instruction.     {See  §  41^,  Fcnal  Code,  post.) 

§  101.  Persons  within  the  guard-rail. — From  the  time  of  the 
opening  of  the  polls  until  the  announcement  of  the  result  of  the 
canvass  of  the  votes  cast  thereat,  and  the  signing  of  the  official 
returns  or  statements  of  such  canvass  and  the  copies  thereof,  the 
boxes  and  all  official  ballots  shall  be  kept  within  the  guard-rail. 
No  person  shall  be  admitted  within  the  guard-rail  during  such 
period,  except  inspectors,  poll  clerks,  ballot  clerks,  duly  authorized 
watchers,  persons  admitted  by  the  inspectors  to  preserve  order  or 
enforce  the  law,  persons  duly  admitted  for  the  purpose  of  voting; 
provided,  however,  that  candidates  for  public  office  voted  for  at 
such  polling  place  may  be  present  at  the  canvass  of  the  votes. 

Unlawful  presence  within  guard-rail.  {See  §  41/fe,  subd.  6,  Penal 
Code,  post.) 

§  102.  Watchers;  challengers;  electioneering. — Each  political 
party  or  independent  body  duly  filing  certificates  of  nomination 
of  candidates  for  offices  to  be  filled  at  any  such  election,  may,  by  a 
writing  signed  by  the  duly  authorized  county,  city,  town,  or  vil- 
lage committee  of  such  political  party  or  independent  body,  or  by 
the  chairman  or  secretary  thereof  charged  with  that  duty  and  de- 
livered to  one  of  the  inspectors  of  election,  appoint  not  more 
than  two  watchers  to  attend  each  polling  place  thereof.  Such 
committee,  chairman  or  secretary  thereof  for  a  city,  county,  town 
or  village  shall  not  appoint  watchers  for  any  polling  place  outside 
of  such  city,  county,  town  or  village,  respectively.  Such  watchers 
may  be  present  at  such  polling  place,  and  within  the  guard-rail, 
from  at  least  fifteen  minutes  before  the  unlocking  and  examination 
of  any  ballot  box  at  the  opening  of  the  polls  of  such  election  until 
after  the  announcement  of  the  result  of  the  canvass  of  the  votes 
cast  thereat,  and  the  signing  of  the  original  statement  of  canvass 
and  copies  thereof  by  the  inspectors.  A  reasonable  number  of 
challengers,  at  least  one  person  of  each  such  party  or  independent 
body,  shall  be  permitted  to  remain  just  outside  the  guard-rail  of 
each  such  polling  place,  and  where  they  can  plainly  see  what  is 
done  within  such  rail  outside  the  voting  booths,  from  the  opening 
to  the  close  of  the  polls  thereat.     No  person  shall,  while  the  polls 


114  The  Election  Law  of  1896. 

are  open  at  any  polling  place,  do  any  electioneering  within  such 
polling  place,  or  within  one  hundred  feet  therefrom,  in  any  public 
street,  or  in  any  building  or  room  or  in  a  public  manner,  and  no 
political  banner,  poster  or  placard  shall  be  allowed  in  or  upon  such 
polling  place  during  any  day  of  registration  or  of  the  election. 

[For  Form  of  Appointment  of  Watchers,  see  Forms  at  end  of  article.] 
Unlawful  electioneering,   displaying  of  political  posters,  etc.,  at 
polling  places.     (See  §  41k,  subd.  4,  Penal  Code,  post.) 
Misconduct  of  watchers.     {See  §  411,  Penal  Code,  post.) 

§  103.  General  duties  of  election  officers. — Subdivision  i.  One 
of  the  inspectors  of  election  at  each  polling  place  shall  be  desig- 
nated by  the  board  of  inspectors  of  election  to  receive  the  ballots 
from  the  electors  voting;  or  if  the  majority  of  the  inspectors  shall 
not  agree  to  such  designation,  they  shall  draw  lots  for  such  posi- 
tion. If  it  be  an  election  for  which  electors  are  required  to  be  reg- 
istered, the  other  inspectors  shall  before  any  ballots  are  delivered 
by  the  ballot  clerks  to  an  elector,  ascertain  whether  he  is  duly 
registered.  The  ballot  clerks  shall  not  deliver  any  ballot  to  such 
elector  until  the  inspectors  announce  that  he  is  so  registered.  As 
each  elector  votes,  the  inspectors  shall  check  his  name  upon  such 
register  and  shall  enter  therein  in  the  column  provided  therefor 
opposite  the  name  of  such  elector,  the  consecutive  number  upon 
the  stub  of  the  ballot  or  set  of  ballots  voted  by  him.  The  inspector 
shall  forthwith  upon  detaching  the  stub  from  any  official  ballot 
deposit  the  same  in  the  box  provided  for  detached  stubs.  In  all 
proceedings  of  the  inspectors  acting  as  registrars,  inspectors  or 
canvassers,  they  shall  act  as  a  board,  and,  in  case  of  a  question 
arising,  as  to  matters  which  may  call  for  a  determination  by  them, 
a  majority  of  such  board  shall  decide. 

Subdivision  2.  In  addition  to  the  duties  hereinbefore  enjoined 
upon  them,  the  ballot  clerks  shall  deliver  official  ballots  to  the 
electors  in  such  order  that  the  numerical  order  of  the  numbers 
printed  on  the  stubs  of  the  ballots  so  delivered,  shall  be  the  same 
as  the  order  of  the  successive  deliveries  thereof,  the  ballot  num- 
bered one  on  the  stubs  being  first  delivered  and  so  on.  If,  in 
addition  to  the  general  ballots  there  shall  be  a  ballot  containing 
a  proposed  constitutional  amendment  or  other  proposition  or  ques- 
tion, the  ballots  shall  be  delivered  to  the  electors  in  such  order  that 
the  numbers  upon  the  stubs  of  both  ballots  so  delivered  shall  be 


Conduct  of  Election  and  Canvass  of  Votes.        115 

the  same.  If,  in  a  case  where  more  than  one  ballot  is  to  be  voted, 
the  elector  shall  spoil  one  of  a  set  of  ballots,  and  shall  be  entitled 
to  receive  a  new  set  under  the  provisions  of  this  act,  he  shall  re- 
turn the  spoiled  set  to  the  ballot  clerks  before  new  ballots  are 
furnished  to  him.  In  case  one  of  a  set  of  ballots  bearing  the  same 
number  shall  be  found  defective  in  printing  or  mutilated  before 
the  same  is  given  to  the  elector,  both  ballots  of  that  number  shall 
have  the  stubs  removed  therefrom  by  the  ballot  clerks  and  such 
ballots  shall  be  deposited  in  the  box  for  spoiled  and  mutilated  bal- 
lots, and  the  stubs  in  the  box  for  detached  stubs,  and  a  memoran- 
dum shall  be  made  by  the  ballot  clerks  of  the  number  on  such 
ballots  and  the  fact  that  the  set  was  not  delivered  to  electors  be- 
cause defective  in  printing  or  mutilated.  The  ballot  clerks  shall, 
upon  the  delivery  of  official  ballots  to  each  elector,  announce  the 
elector's  name  and  the  number  printed  on  the  stub  of  each  ballot 
so  delivered.  Upon  the  return  of  a  ballot  or  set  of  ballots  to  them 
unvoted  by  any  elector,  they  shall  announce  the  name  of  the 
elector  returning  them  and  the  printed  number  on  the  stubs  of  the 
ballots  so  returned,  and  shall  at  once  remove  the  stubs  from  such 
returned  ballots  and  deposit  such  stubs  in  the  box  for  detached 
stubs,  and  such  ballots  in  the  box  for  spoiled  and  mutilated  bal- 
lots. A  memorandum  shall  be  made  bv  them  of  the  number  on  such 

IT 

ballots,  and  of  the  fact  that  they  were  returned  spoiled  by  electors. 
They  shall  immediately  upon  the  closing  of  the  polls  take  from  the 
box  containing  them  the  spoiled  and  mutilated  ballots,  and  after 
comparing  the  number  thereof  with  the  record  of  the  same,  made 
during  the  day,  shall  destroy  them ;  and  shall  thereupon  prepare 
and  sign  a  written  statement  or  return  of  ballots  in  the  form  pro- 
vided for  in  section  eighty-four  of  the  election  law.  The  original 
statement  so  made  by  them  shall  be  attached  to  the  original  state- 
ment of  the  canvass  made  by  the  board  of  inspectors  and  a  copy 
thereof  to  each  copy  of  such  original  statement  of  canvass.  They 
shall  inclose  all  unused  ballots,  and  all  detached  stubs,  in  a  sealed 
package,  and  deliver  the  same  to  the  chairman  of  the  board  of  in- 
spectors. 

[For  Form  for  Ballot  Clerks'  Return,  see  §  84,  Election  Law] 
Subdivision  3.  Each  poll  clerk  at  each  polling  place  for  which 
official  ballots  are  required  to  be  provided,  shall  have  a  poll-book 


ii6  The  Election  Law  of  1896. 

for  keeping  the  list  of  electors  voting  or  offering  to  vote  thereat 
at  the  election.  Such  book  shall  have  six  columns  headed  re- 
spectively, "  Number  of  elector,"  "  Names  of  electors,"  "  Resi- 
dence of  electors,"  "  Number  on  ballots  delivered  to  electors," 
"  Number  on  ballots  voted,"  and  "  Remarks,"  Upon  each  delivery 
of  an  official  ballot  or  set  of  official  ballots  by  the  ballot  clerks  to 
an  elector,  each  poll  clerk  shall  enter  upon  his  poll-  book  in  the 
appropriate  column,  the  number  of  the  elector,  in  the  successive 
order  of  the  delivery  of  ballots  thereto,  the  name  of  the  elector, 
in  the  alphabetical  order  of  the  first  letter  of  his  surname,  his 
residence  by  street  and  number,  or  if  he  have  no  street  number, 
a  brief  description  of  the  locality  thereof,  the  printed  number  upon 
the  stub  of  the  ballots  delivered  to  such  elector,  and  the  number 
on  the  ballots  voted  by  him.  If  the  ballot  or  set  of  ballots  de- 
livered to  any  elector  shall  be  returned  by  him  to  the  ballot  clerk, 
and  he  shall  obtain  a  new  ballot  or  set  of  ballots,  the  poll  clerks 
shall  write  opposite  his  name  on  the  poll  books,  in  the  proper  col- 
umn, the  printed  number  on  the  stubs  of  such  ballot  or  additional 
set  of  ballots.  Each  poll  clerk  shall  make  a  memorandum  upon 
his  poll  book  opposite  the  name  of  each  person  who  shall  have 
been  challenged  and  taken  either  of  the  oaths  prescribed  upon  such 
challenge,  or  who  shall  have  received  assistance  in  preparing  his 
ballot  and  shall  also  enter  upon  the  poll  book  opposite  the  name 
of  such  person  the  names  of  the  election  officers  or  persons  who 
render  such  assistance,  and  the  cause  or  reason  assigned  for  such 
assistance  by  the  elector  assisted.  As  each  elector  offers  his  ballot 
or  set  of  ballots  which  he  intends  to  vote  to  the  inspector,  each 
poll  clerk  shall  report  to  the  inspectors  whether  the  number  en- 
tered on  the  poll  book  kept  by  him  as  the  number  on  the  ballot  or 
set  of  ballots  last  delivered  to  such  elector,  is  the  same  as  the  num- 
ber on  the  stub  of  the  ballot  or  set  of  ballots  so  offered.  As  each 
elector  votes,  each  poll  clerk  shall  enter  in  the  proper  column  on 
his  poll  book  the  number  on  the  stub  of  the  ballots  voted.  Upon 
the  close  of  the  polls  of  the  election,  the  poll  clerks  and  inspectors 
shall  compare  the  poll  books  with  the  registers  and  correct  any 
mistakes  found  therein.  The  poll  clerks  shall  also  during  the 
canvass  of  the  votes,  as  prescribed  by  section  one  hundred  and  ten 
of  the  election  law,  make  and  complete  the  tally  sheets  of  the  votes 
in  the  form  provided  by  section  eighty-four  of  the  election  law. 


Conduct  of  Election  and  Canvass  of  Votes.        117 
pbnaii  pbovisions  relating  to  elections. 

MisdemeanorB  in  relation  to  elections. — Certain  acts  of  election  offi- 
cers a  misdemeanor.     (See  §§,  41  41k,  Penal  Code,  post.) 

Misconduct  of  election  officers  and  watchers.  {See  subd.  4,  §  41, 
Penal  Code,  post.) 

Violation  of  election  law  by  public   officer.      {See  §    41;,    Penal 

Code,  post.) 
Conspiring  to  promote  or  prevent  election  of  persons.     {See  §  41M, 

Penal  Code,  post.) 

Inspectors  of  election  have  equal  power  one  with  another.  {People  v. 
Van  Slyck,  4  Cow.  297.) 

Inspectors  of  election  are  merely  ministerial  officers.  {People  v. 
Pease,  27  N.  Y.  45;  Goetcheus  v.  Matthewson,  61  id.  420;  People  ex  rel. 
Stapleton  v.  Bell,  119  id.  175;  People  ex  rel.  Sherwood  v.  Board.  129  id. 
372;  Matter  of  Hamilton,  80  Hun,  511 ;  People  v.  Van  Slyck,  4  Cow.  297.) 

§  104.  Delivery  of  ballots  to  electors. — Subdivision  i.     While 
the  polls  of  the  election  are  open,  the  electors  entitled  to  vote  and 
who  have  not  previously  voted  thereat,  may  enter  within  the 
guard-rail  at  the  polling  place  of  such  election  for  the  purpose  of 
voting,  in  such  order  that  there  shall  not  at  any  time  be  within 
such  guard-rail  more  than  twice  as  many  electors  as  there  are  vot- 
ing booths  thereat,  in  addition  to  the  persons  lawfully  within  such 
guard-rail  for  other  purposes  than  voting.    The  electors  shall  en- 
ter within  the  guard-rail  through  the  entrance  provided,  and  shall 
forthwith  proceed  to  the  inspectors  and  give  his  name,  and,  if  in  a 
city  or  village  of  five  thousand  inhabitants  or  over,  his  residence 
by  street  and  number,  or  if  it  have  no  street  number,  a  brief  de- 
scription of  the  locality  thereof,  and  if  required  by  the  inspectors 
shall  state  whether  he  is  over  or  under  twenty-one  years  of  age. 
One  of  the  inspectors  shall  thereupon  announce  the  name  and 
residence  of  the  elector  in  a  loud  and  distinct  tone  of  voice.     No 
person  shall  be  allowed  to  vote  in  any  election  district  at  any  elec- 
tion where  electors  are  required  to  be  registered  unless  his  name 
shall  be  upon  the  registration  books  of  such  election  district.    The 
right  of  any  person  to  vote,  whose  name  is  on  such  register,  shall 
be  subject  to  challenge.    If  such  elector  is  entitled  to  vote  thereat, 
and  is  not  challenged,  or  if  challenged  and  the  challenge  be  decided 
in  his  favor,  one  of  the  ballot  clerks  shall  then  deliver  to  him  one 
official  ballot  or  a  set  of  official  ballots,  folded  by  such  ballot  clerk 
in  the  proper  manner  for  voting,  which  is :  First,  by  bringing  the 


ii8  The  Election  Law  of  1896. 

bottom  of  the  ballot  up  to  the  perforated  line,  and  second  by  fold- 
ing both  sides  to  the  center,  or  towards  the  center,  in  such  manner 
that  when  folded  the  face  of  each  ballot  shall  be  concealed,  and  the 
printed  number  on  the  stub  and  the  indorsement  on  the  back  of 
the  ballot  shall  be  visible,  so  the  stub  can  be  removed  without  re- 
moving any  other  part  of  the  ballot,  and  without  exposing  any 
part  of  the  face  of  the  ballot  below  the  stub,  and  so  that  when 
folded  the  ballot  shall  not  be  more  than  four  inches  wide.  No  per- 
son other  than  an  inspector  or  ballot  clerk  shall  deliver  to  any 
elector  within  such  guard-rail  any  ballot,  and  they  shall  deliver 
only  such  ballots  as  the  voter  is  legally  entitled  to  vote,  and  also 
the  sample  ballot  when  the  same  is  asked  for. 

Delivery  of  ballots  to  voter  by  persons  not  ballot  clerks,  a  misde- 
meanor.    {See  subd.  14,  §  41^,  Penal  Code,  post.) 

Subdivision  2.  Any  elector  who  shall,  at  the  time  of  registra- 
tion, have  made  oath  of  physical  disability  or  illiteracy,  as  pre- 
scribed by  the  third  subdivision  of  section  thirty-four  of  the  elec- 
tion law;  or,  who  being  duly  registered,  in  an  election  district 
where  personal  registration  by  all  electors  is  required  by  law,  shall 
state  under  oath,  to  the  inspectors  of  election,  on  the  day  of  elec- 
tion, that,  by  reason  of  some  accident  the  time  and  place  of  which 
he  must  specify,  or  of  disease,  the  nature  of  which  he  must 
also  specify,  he  has  since  the  day  upon  which  he  registered,  lost  the 
use  of  both  hands,  or  become  totally  blind,  or  afflicted  by  such 
degree  of  blindness  as  will  prevent  him,  with  the  aid  of  glasses, 
from  seeing  the  names  printed  upon  the  official  ballot,  or  so  crip- 
pled that  he  cannot  enter  the  voting  booth  and  prepare  his  ballot 
without  assistance ;  or  any  elector  in  an  election  district  who  is  not 
required  by  law  to  personally  register,  who  is  unable  to  write  by 
reason  of  illiteracy,  or  is  physically  disabled  in  one  or  more  ways 
descn'oed  in  the  third  subdivision  of  section  thirty-four  of  the  elec- 
tion law,  and  who  shall  make  the  statement  under  oath  to  the 
inspectors  in  the  form  required  in  said  subdivision,  may  choose 
two  of  the  election  officers,  both  of  whom  shall  not  be  of  the  same 
political  faith,  to  enter  the  booth  with  him,  to  assist  him  in  pre- 
paring his  ballots.  At  any  town  meeting  or  village  election,  where 
the  election  officers  are  all  of  the  same  political  faith,  any  elector 
entitled  to  assistance  as  herein  provided  may  select  one  of  such 


Conduct  of  Election  and  Canvass  of  Votes.        119 

election  officers  and  one  elector  of  such  town  or  village  of  opposite 
political  faith  from  such  election  officer  so  selected,  to  render  such 
assistance.  Such  election  officers  or  persons  assisting  an  elector 
shall  not  in  any  manner  request  or  seek  to  persuade  or  induce  any 
such  elector  to  vote  any  particular  ticket,  or  for  any  particular 
candidate,  and  shall  not  keep  or  make  any  memoranda  or  entry 
of  any  thing  occurring  within  such  booth,  and  shall  not,  directly 
or  indirectly,  reveal  to  any  other  person  the  name  of  any  candidate 
voted  for  by  such  elector,  or  which  ticket  he  has  voted,  except  they 
be  called  upon  to  testify  in  a  judicial  proceeding  for  a  violation 
of  this  act,  and  each  election  officer,  before  the  opening  of  the 
polls  for  the  election,  shall  make  oath  that  he  "  will  not  in  any 
manner  request,  or  seek  to  persuade,  or  induce  any  elector  to  vote 
any  particular  ticket  or  for  any  particular  candidate,  and  that 
he  will  not  keep  or  make  any  memoranda  or  entry  of  anything 
occurring  within  the  booth,  and  that  he  will  not,  directly  or  in- 
directly, reveal  to  any  person  the  name  of  any  candidate  voted 
for  by  any  elector  or  which  ticket  he  has  voted,  or  anything  occur- 
ring within  the  polling  booth,  except  he  be  called  upon  to  testify  in 
a  judicial  proceeding  for  a  violation  of  the  election  law."  The 
same  oath  shall  be  taken  by  any  elector  rendering  such  assistance, 
as  provided  for  above,  and  any  violation  of  this  oath  shall  be  a 
felony  punishable  upon  conviction  by  imprisonment  in  a  state 
prison  for  not  less  than  two  nor  more  than  ten  years.  No  elector 
shall  otherwise  ask  or  receive  the  assistance  of  any  person  within 
the  polling  place  in  the  preparation  of  his  ballot,  or  divulge  to  any- 
one within  the  polling  place  the  name  of  any  candidate  for  whom 
he  intends  to  vote  or  has  voted. 

[For  Forms  for  Oaths  of  Electors  and  Report  of  Inspectors  as  to  Assisted 
Electors,  see  Forms  at  end  of  article.] 

Inducing  elector  to  vote  particular  ballot  and  revealing  vote,  a  mis- 
demeanor.    (See  subd.  9,  §  41^,  Penal  Code,  post.) 

Elector  taking  oath  entitled  to  assistance. — "  A  voter  taking  the 
physical  disability  oath  is  entitled  to  the  assistance  provided."  (Opinion 
Attorney-General. ) 

Inspectors  not  judges  of  kind  or  extent  of  disability. — "  The  in- 
spectors of  election  do  not  seem  to  be  made,  in  any  way  by  this  statute,  the 
judges  of  the  kind  or  extent  of  the  '  physical  disability  '  with  which  the 
voter  is  inflicted. 

"  The  voter  himself  must,  however,  declare,  under  oath,  that  by  reason 


I20  The  Election  Law  of  1896. 

thereof  '  he  is  unable  to  prepare  his  ballot  without  assistance.'  This  is 
quite  analogous  to  the  requirements  of  the  general  election  laws  of  the 
state,  that  the  voter  when  challenged  may  take  the  '  general  oath,'  and  if 
he  persists  in  his  claim  to  vote,  the  court  of  appeals  has  held  that  it  is 
imperative  on  the  inspectors  to  receive  the  vote  and  deposit  the  same  in 
the  ballot  box.  {See  People  v.  Pease,  27  N.  Y.  53;  Goetcheus  v.  Matthew- 
son  et  al.,  61  id.  420.) 

"  The  statutory  provision  cited  is  a  new  one,  but  the  question  suggested 
is  one  frequently  asked  and  will  necessarily  arise  before  the  inspectors  of 
election  on  election  day,  and  while  the  construction  above  indicated  may 
not  be  entirely  free  from  doubt,  yet  after  the  best  consideration  which  I 
have  been  able  to  give  the  matter  I  am  of  the  opinion  that  the  statute  will 
be  complied  with,  if  the  voter  so  insists,  by  taking  the  oath  provided. 

"  The  voter  must,  however,  see  to  it  that  this  declaration  is  not  false,  in 
fact,  for  if  it  is  he  is  liable  to  be  prosecuted  for  perjury ;  and  while  we  may 
admit  that  the  inspectors  would  have  no  right  to  inquire  into  the  truth  or 
falsity  of  the  voter's  declaration,  no  such  objection  exists  to  the  qualifica- 
tions or  authority  of  a  grand  jury  to  make  this  inquiry."  {Opinions  At- 
torney-General.) 

§  105.  Preparation  of  ballots  by  elector*. — On  receiving  his 
ballot  the  elector  shall  forthwith  and  without  leaving  the  inclosed 
space,  retire  alone  unless  he  be  one  that  is  entitled  to  assistance 
in  the  preparation  of  his  ballot,  to  one  of  the  voting  booths,  and 
without  undue  delay,  unfold  and  mark  his  ballot  as  hereafter  pre- 
scribed. No  elector  shall  be  allowed  to  occupy  a  booth  already 
occupied  by  another,  or  to  occupy  a  booth  more  than  five  minutes 
in  case  all  the  booths  are  in  use  and  electors  waiting  to  occupy  the 
same.  It  shall  not  be  lawful  to  make  any  mark  upon  the  official 
ballot  other  than  the  cross  X  mark  made  for  the  purpose  of  voting, 
with  a  pencil  having  black  lead,  and  that  only  in  the  circles  or  in 
the  voting  spaces  to  the  left  of  the  names  of  candidates,  or  to  write 
anything  thereon  other  than  the  name  or  names  of  persons  not 
printed  upon  the  ballot  for  whom  the  elector  desires  to  vote  in  the 
blank  column  under  the  proper  title  of  the  office,  with  a  pencil 
having  black  lead,  nor  shall  it  be  lawful  to  deface  or  tear  a  ballot 
in  any  manner,  nor  to  erase  any  printed  device,  figure,  letter  or 
word  therefrom,  nor  to  erase  any  name  or  mark  written  thereon 
by  such  elector.  If  an  elector  deface  or  tear  a  ballot  or  one  of  a 
set  of  ballots,  or  wrongly  marks  the  same,  he  may  successively 
obta'm  others,  one  set  at  a  time,  not  exceeding  in  all  three  sets, 
upon  returning  each  set  of  ballots  so  defaced  or  wrongly  marked 


Conduct  of  Election  and  Canvass  of  Votes.         i2i 

to  the  ballot  clerks.  The  elector  should  observe  the  following 
rules  in  marking  his  ballot : 

Rule  I.  If  the  elector  desires  to  vote  a  straight  ticket,  that  is, 
for  each  and  every  candidate  of  one  party  for  whatever  office 
nominated,  he  should  make  a  cross  X  mark  in  the  circle  above  the 
name  of  the  party  at  the  head  of  the  ticket. 

Rule  2.  If  the  elector  desires  to  vote  a  split  ticket,  that  is,  for 
candidates  of  different  parties,  he  should  not  make  a  cross  X  mark 
in  the  circle  above  the  name  of  any  party,  but  should  make  a  cross 
X  mark  in  the  voting  space  before  the  name  of  each  candidate  for 
whom  he  desires  to  vote  on  whatever  ticket  he  may  be. 

A  voter  of  a  split  ticket  must  place  his  cross  mark  in  the  "  voting 
space  "  before  the  name  of  his  candidate.  If  he  places  the  mark  before 
the  name  but  without  the  "voting  space,"  the  ballot  is  void.  (PVells  v. 
Collins,  19  App.  Div.  437.) 

Rule  3.  If  the  ticket  marked  in  the  circle  for  a  straight  ticket, 
does  not  contain  the  names  of  candidates  for  all  offices  for  which 
the  elector  may  vote,  he  may  vote  for  candidates  for  such  offices 
so  omitted  by  making  a  cross  X  mark  before  the  names  of  candi- 
dates for  such  offices  on  other  tickets,  or  by  writing  the  names, 
if  they  are  not  printed  upon  the  ballot,  in  the  blank  column  under 
the  title  of  the  office. 

Writing  the  names  of  candidates  already  printed  upon  the  ballots 
in  the  blank  space  for  the  same  office  vitiates  the  ballot  under  the  plain 
language  of  the  statute.  People  ex  rel.  Feeny  v.  Bd.  Canvassers,  156  N.  Y. 
39- 

Rule  4.  If  the  elector  desires  to  vote  for  any  person  whose 
name  does  not  appear  upon  the  ballot,  he  can  so  vote  by  writing 
the  name  with  a  pencil  having  black  lead  in  the  proper  place  in 
the  blank  column. 

Rule  5.  The  elector  can  vote  blank  for  any  office  by  omitting  to 
make  a  cross  X  mark  in  any  circle,  and  making  a  cross  X  mark 
in  the  voting  space  before  the  name  of  every  candidate  he  desires 
to  vote  for,  except  for  the  office  for  which  he  desires  to  cast  a 
blank  vote. 

Rule  6.  In  the  case  of  a  question  submitted,  the  elector  shaU 
make  a  cross  X  mark  in  the  blank  square  space  on  the  right  of 
and  after  the  answer  "  Yes  "  or  "  No,"  which  he  desires  to  give 
on  each  such  question  submitted. 


122  The  Election  Law  of  1896. 

Rule  7.  One  straight  line  crossing  another  straight  line  at  any 
angle  within  a  circle,  or  within  the  voting  spaces,  shall  be  deemed 
a  valid  voting  mark.     (Thus  amended  by  chap.  335,  L.  1898.) 

[For  Illustration   Showing  how  to  Mark  Tickets,  see  Forms  at  end  of 

article.] 

Certain  acts  in  connection  with  preparation  of  votes,  a  misdemeanor. 

(See%4\k,  Penal  Code,  post.) 

Elector  may  vote  for  any  person  or  make  up  a  new  ticket. — The 
ballot  law  was  not  intended  to  restrict  the  choice  of  the  people.  The  voter 
may  vote  for  any  person  for  any  office.  He  may  make  up  an  entire  new 
ticket.    (People  ex  rel.  Bradley  v.  Shaw,  45  N.  Y.  St.  Repr.  533.) 

Elector  to  comply  with  requirements. — The  right  to  vote,  secured  to 
the  citizen  by  the  constitution,  must  be  exercised  in  the  manner  and  sub- 
ject to  the  rei?ulations  lawfully  prescribed  by  the  legislature  in  respect  to 
the  time  when  and  the  method  by  which  his  will  is  expressed;  and,  in 
order  to  render  his  will  and  intention  effectual  at  the  election,  he  must 
comply  with  at  least  all  the  substantial  requirements  of  the  law.  (People 
ex  rel.  Sherman  v.  Person,  45  N.  Y.  St.  Repr.  528;  People  ex  rel.  Nichols 
V.  Board  of  Canvassers,  129  N.  Y.  395,  40i-) 

Writing  name  of  candidate  upon  ballot. — The  voter  is  warranted  in 
writing  upon  an  official  ballot,  from  which  the  name  of  an  office  has  been 
omitted  by  clerical  mistake  or  otherwise,  the  name  of  the  office  and  the 
person  whom  he  desires  to  vote  for  as  the  incumbent  thereof.  (People  ex 
rel.  Goring  v.  President,  144  N.  Y.  616.) 

Absence  of  the  name  of  a  candidate  from  an  official  ballot  will 
not  deprive  the  elector  of  voting  for  such  candidate.  (^People  ex  rel. 
Goring  V.  President,  etc.,  144  N.  Y.  616;  Montgomery  v.  O'Dell,  51  N.  Y. 
St.  Repr.  444.) 

§  106.  Manner  of  voting. — When  the  ballot  or  ballots  which  an 
elector  has  received  shall  be  prepared  as  provided  in  section  one 
hundred  and  five  of  this  act,  he  shall  leave  the  voting  booth  with 
his  ballot  folded  so  as  to  conceal  the  face  of  the  ballot,  but  show 
the  indorsement  and  fac  simile  of  the  signature  of  the  official  on 
the  back  thereof,  and,  keeping  the  same  so  folded,  shall  proceed 
at  once  to  the  inspector  in  charge  of  the  ballot  box,  and  shall  offer 
the  same  to  such  inspector.  Such  inspector  shall  announce  the 
name  of  the  elector  and  the  printed  number  on  the  stub  of  the 
official  ballot  so  delivered  to  him  in  a  loud  and  distinct  tone  of 
voice.  If  such  elector  be  entitled  then  and  there  to  vote,  and  be 
not  challenged,  or  if  challenged,  and  the  challenge  be  decided  in 
his  favor,  and  if  his  ballot  or  ballots  are  properly  folded,  and  have 
no  mark  or  tear  visible  on  the  outside  thereof,  except  the  printed 


Conduct  of  Election  and  Canvass  of  Votes.         123 

number  on  the  stub  and  the  printed  indorsement  on  the  back,  and 
if  such  printed  number  is  the  same  as  that  entered  on  the  poll- 
books  as  the  number  on  the  stub  or  stubs  of  the  official  ballot  or 
set  of  ballots  last  delivered  to  him  by  the  ballot  clerks,  such  in- 
spector shall  receive  such  ballot  or  ballots,  and  after  removing 
the  stub  or  stubs  therefrom,  in  plain  view  of  the  elector,  and  with- 
out removing  any  other  part  of  the  ballot,  or  in  any  way  exposing 
any  part  of  the  face  thereof  below  the  stub,  shall  deposit  each 
ballot  in  the  proper  ballot  box  for  the  reception  of  voted  ballots; 
and  the  stubs  in  the  box  for  detached  ballot  stubs.  Upon  voting, 
the  elector  shall  forthwith  pass  outside  the  guard-rail  unless  he  be 
one  of  the  persons  authorized  to  remain  within  the  guard-rail  for 
other  purposes  than  voting.  No  ballot  without  the  official  in- 
dorsement shall  be  allowed  to  be  deposited  in  the  ballot  box  ex- 
cept as  provided  by  sections  eighty-nine  and  one  hundred  and 
seven  of  the  election  law,  and  none  but  ballots  provided  in  ac- 
cordance with  the  provisions  of  the  election  law  shall  be  counted. 
No  official  ballot  folded  shall  be  unfolded  outside  the  voting 
booth.  No  person  to  whom  any  official  ballot  shall  be  delivered 
shall  leave  the  space  within  the  guard-rail  until  after  he  shall  have 
delivered  back  all  such  ballots  received  by  him  either  to  the  in- 
spectors or  to  the  ballot  clerks,  and  a  violation  of  this  provision 
is  a  misdemeanor.  When  a  person  shall  have  received  an  official 
ballot  from  the  ballot  clerks  or  inspectors,  as  hereinbefore  pro- 
vided, he  shall  be  deemed  to  have  commenced  the  act  of  voting, 
and  if,  after  receiving  such  official  ballot,  he  shall  leave  the  space 
inclosed  by  the  guard-rail  before  the  deposit  of  his  ballot  in  the 
ballot  box,  as  hereinbefore  provided,  he  shall  not  be  entitled  to 
pass  again  within  the  guard-rail  for  the  purpose  of  voting,  or  to 
receive  any  further  ballots. 

An  elector  must  vote  all  the  ballots  tliat  he  wishes  and  is  able  to 
vote  at  one  time. — He  cannot  present  himself  more  than  once  at  the  polls 
for  the  purpose  of  voting,  and  when  he  is  reached  in  his  turn  he  must 
once,  and  for  all,  exercise  his  right  of  suffrage  at  that  election.  (Simpson 
V.  Brown,  18  N.  Y.  St.  Repr.  781.)  (This  decision  was  based  on  the  elec- 
tion laws  for  the  city  of  New  York  in  force  in  1888,  but  the  principle  of 
law  is  applicable  under  the  present  general  law.) 

§  107.  When  unofficial  ballots  may  be  voted. — If,  for  any 
cause,  the  official  ballots  shall  not  be  provided  as  requi^'^d  by  law 
at  any  polling  place,  upon  the  opening  of  the  polls  for  an  election 
thereat,  or  if  the  supply  of  official  ballots  shall  be  exhausted  be- 
fore the  polls  are  closed,  unofficial  ballots,  printed  or  written, 
made  as  nearly  as  practicable  in  the  form  of  the  official  ballot, 
may  be  used. 

§  108.  Challenge. — Subdivision  i.  A  person  may  be  challenged 
either  when  he  applies  to  the  ballot  clerk  for  official  ballots,  or 
when  he  offers  to  an  inspector  the  ballot  he  intends  to  vote,  or 
previously  by  notice  to  that  effect  to  an  inspector  by  any  elector. 
It  shall  be  the  duty  of  each  inspector  to  challenge  every  person 


124  The  Election  Law  of  1896. 

offering  to  vote,  whom  he  shall  know  or  suspect  not  to  be  duly 
qualified  as  an  elector,  and  every  person  whose  right  to  register 
as  an  elector  was  cnaiiengcd  at  ilic  time  of  registration,  providing 
such  challenge  has  not  previously  been  withdrawn,  in  the  elec- 
tion districts  within  the  metropolitan  elections  district  whenever  a 
person  shall  apply  to  the  board  of  inspectors  on  election  day  to 
vote  upon  the  name  of  a  person  whose  right  to  register  as  an 
elector  was  challenged  it  shall  be  the  duty  of  the  chairman  of  the 
l>oard  of  inspectors  or  some  member  of  such  board  to  administer 
to  such  applicant  the  preliminary  oath  prescribed  herein  and  to 
read  to  such  applicant  each  question  upon  the  copy  of  the  chal- 
lenge affidavit  signed  at  the  time  of  registration  by  the  person 
upon  whose  name  the  applicant  desires  to  vote  and  the  inspectors 
and  watchers  shall  compare  the  answers  given  to  such  questions 
with  the  answers  recorded  thereto  upon  the  copy  of  said  challenge 
affidavit  and  shall  carefully  compare  the  description  of  the  person 
challenged  at  the  time  of  registration  recorded  upon  the  copy  of 
the  challenge  affidavit  with  that  of  the  applicant.  If  there  shall 
be  any  material  difference  or  conflict  between  the  answers  given 
by  the  applicant  and  the  answers  recorded  upon  the  copy  of  the 
challenge  affidavit  to  the  questions  p"inted  thereon,  or  in  the  de- 
scription of  the  person  challenged  and  the  applicant  or,  if  the 
applicant  shall  refuse  to  answer  any  question  put  him  or,  shall 
refuse  to  make  such  oath  his  vote  shall  not  be  received  and  the 
facts  thereof  shall  be  recorded  in  each  such  case  in  the  challenge 
record  provided  for  in  subdivision  three  of  this  section.  If  any 
person  other  than  those  persons  heretofore  provided  for,  offering 
to  vote  at  any  election  shall  be  challenged  in  relation  to  the  right 
to  vote  thereat,  one  of  the  inspectors  shall  tender  to  him  the  fol- 
lowing preliminary  oath:  You  do  swear  (or  affirm)  that  you  will 
fully  and  truly  answer  all  such  questions  as  shall  be  put  to  you 
touching  your  place  of  residence  and  qualification  as  an  elector. 
The  inspectors  or  one  of  them  shall  then  question  the  person  chal- 
lenged in  relation  to  his  name;  his  place  of  residence  before  he 
came  into  that  election  district;  his  then  place  of  residence,  his 
citizenship;  whether  he  be  a  native  or  naturalized  citizen,  and  if 
the  latter,  when,  where,  and  in  what  court,  or  before  what  officer 
he  was  naturalized;  whether  he  came  into  the  election  district  for 
the  purpose  of  voting  at  that  election;  how  long  he  contemplates 
residing  in  the  election  district,  and  all  other  matters  which  may 
tend  to  test  his  qualifications  as  a  resident  of  the  election  district, 
citizenship  and  right  to  vote  at  such  election  at  such  polling  place. 
If  any  person  shall  refuse  to  take  such  preliminary  oath  when  so 
tendered,  or  to  answer  fully  any  such  question  which  may  be  put 
to  him,  his  vote  shall  be  rejected.  After  receiving  the  answers  of 
the  persons  so  challenged,  the  board  of  inspectors  shall  point  out 
to  him  the  qualifications,  if  any,  in  respect  to  which  he  shall  appear 
to  them  deficient.    {Thus  amended  by  chap.  544,  L.  1901.) 


Conduct  of  Election  and  Canvass  of  Vote.         125 

I  For  Form  of  Questions  under  Preliminary  Oath,  see  Forms  at  end  oi 

article.] 

Subdivision  2.  General  oath. — If  the  person  so  offering  to  vote, 
shall  persist  in  his  claim  to  vote,  and  the  challenge  be  not  with- 
drawn, one  of  the  inspectors  shall  then  administer  to  him  the 
following  general  oath :  *'  You  do  swear  (or  affirm)  that  you  are 
tiwenty-one  years  of  age,  that  you  have  been  a  citizen  of  the 
United  States  for  ninety  days,  and  an  inhabitant  of  this  state  for 
one  year  next  preceding  this  election,  and  for  the  last  four  months 
a  resident  of  this  county,  and  for  the  last  thirty  days  a  resident  of 
this  election  district,  and  that  you  have  not  voted  at  this  election." 
If  the  person  so  offering  to  vote  shall  be  challenged  for  causes 
stated  in  section  two  of  article  two  of  the  constitution  of  this  state, 
the  following  additional  oath  shall  be  administered  by  one  of  the 
inspectors:  "  You  do  swear  (or  afifirm)  that  you  have  not  received 
or  offered,  do  not  expect  to  receive,  have  not  paid,  offered  or 
promised  to  pay,  contributed,  offered  or  promised  to  contribute 
to  another,  to  be  paid,  or  used,  any  money,  or  other  valuable 
thing,  as  a  compensation  or  reward  for  the  giving  or  withholding, 
of  a  vote  at  this  election,  and  have  not  made  any  promise  to  influ- 
ence the  giving  or  withholding  of  any  such  vote,  and  that  you 
have  not  made,  or  become  directly  or  indirectly  interested  in  any 
bet  or  wager  depending  upon  the  result  of  this  election."  If  tfie 
person  so  offering  to  vote  shall  be  challenged  on  the  ground  of 
having  been  convicted  of  bribery  or  any  infamous  crime,  the  fol- 
lowing additional  oath  shall  be  administered  to  him  by  one  of  the 
inspectors :  "  You  do  swear  (or  affirm)  that  you  have  not  been 
convicted  of  bribery  or  any  infamous  crime,  or  if  so  convicted, 
that  you  have  been  pardoned  and  restored  to  all  the  rights  of  a 
citizen."  If  anv  person  shall  refuse  to  take  either  oath  so  tendered 
his  vote  shall  be  rejected,  but  if  he  shall  take  the  oath  or  oaths 
tendered  him,  his  vote  shall  be  accepted. 

Powers  of  inspectors. — "  Inspectors  of  election  have  no  judicial  pow- 
ers authorizing  them  to  reject  the  vote  of  any  person  oflfering  same  who 
complies  with  the  statutory  tests."     (Opinion  Attorney-General.) 

Voters  taking  oath  entitled  to  vote. — "  Voters  answering  the  ques- 
tions and  taking  the  oath  prescribed  are  entitled  to  vote."  (Opinion  At- 
torney-General. ) 

Voters  must  take  oath. — "  A  person  whose  right  to  vote  is  challenged 
on  election  day  must  take  the  oath  required  by  law,  notwithstanding  any 
oath  he  may  have  taken  to  procure  the  registration  of  his  name."  (Opin- 
ion Attorney-General.) 

Inspectors  of  election  act  only  ministerially  in  receiving  the  votes  of 
electors  and  cannot  refuse  to  accept  a  vote  of  an  elector  who  takes  the 
required  oaths.  (People  v.  Pease,  27  N.  Y.  45 ;  Goetcheus  v.  Matthewson, 
61  id.  420;  People  ex  rel.  Stapleton  v.  Bell,   119  id.   175;  People  ex  rel. 


126  The  Election  Law  of  1896. 

Sherwood  v.  Board  of  Canvassers,  129  id.  372;  Matter  of  Hamilton,  80 
Hun,  511.) 

A  deserter  from  the  TJ.  S.  military  service  who  has  taken  the  pre- 
liminary oath  upon  being  challenged  cannot  be  deprived  of  his  vote  unless 
a  duly  authenticated  record  of  his  conviction  of  the  offense  is  presented  to 
the  board.     (Goetcheus  v.  Matthewson,  61  N.  Y.  420.) 

One  who  offers  his  vote  is  legally  presumed  to  be  entitled  to  vote  untij 
some  facts  appear  which  would  raise  a  contrary  presumption.  But  where 
it  appears  by  prima  facie  evidence  that  a  person  has  never  been  natural- 
ized, the  burden  of  proving  his  citizenship  is  upon  the  voter.  {People  v. 
Pease,  27  N.  Y.  45.) 

The  decision  by  a  majority  of  the  board  of  inspectors  in  his  favor  is 
not  essential  to  the  reception  of  the  vote  of  a  challenged  voter.  {People 
ex  rel.  Stapleton  v.  Bell,  119  N.  Y.  175.) 

Election  officers  are  liable  in  damages  for  asking  questions  not  tend- 
ing to  test  the  qualifications  to  vote  of  a  challenged  voter  and  for  reject- 
ing his  vote  upon  his  refusal  to  answer  such  questions.  (Goetcheus  v. 
Matthewson,  61  N.  Y.  420.) 

Mandamus  is  proper  to  compel  inspectors  to  take  the  vote  of  a 
challenged  elector  who  has  answered  the  proper  questions  and  taken  the 
required  oaths.  But  mandamus  will  not  be  granted  if  it  appear  indis- 
putably upon  the  application  that  the  elector  is  not  a  qualified  voter. 
{People  V.  Pease,  27  N.  Y.  45:  Goetcheus  v.  Matthewson,  61  id.  420; 
People  ex  rel.  Stapleton  v.  Bell,  119  id.  175;  People  ex  rel.  Sherwood  v. 
Board  of  Canvassers,  129  id.  360.) 

The  case  of  People  ex  rel.  Lower  v.  Donovan  (63  Hun,  512),  holding 
that  a  mandamus  issued  upon  election  day  compelling  inspectors  to  accept 
a  vote  is  void  elsewhere  than  in  the  first  judicial  district,  can  be  no  longer 
applicable  as  the  statute  forbidding  courts  to  sit  upon  election  day  has 
been  repealed.    {See  §  108,  Election  Law.) 

Subdivision  3.  Eecord  of  persons  chalknged. — The  inspectors 
of  election  shall  keep  a  minute  of  their  proceedings  in  respect  to 
the  challenging  and  administering  oaths  to  persons  offering  to  vote, 
in  which  shall  be  entered,  by  one  of  them,  the  name  of  every  person 
who  shall  be  challenged  or  take  either  of  such  oaths,  specifying  in 
each  case  whether  the  preliminary  oath  or  the  general  oath,  or  both 
were  taken.  At  the  close  of  the  election,  the  inspectors  shall  add 
to  such  minutes  a  certificate  to  the  effect  that  the  same  are  all  such 
minutes  as  to  all  persons  challenged  at  such  election  in  such  dis- 
trict. 

[For  Form  for  Record  of  Challenges,  see  Forms  at  end  of  article.] 

§  109.  Time  allowed  employes  to  vote. — Any  person  entitled  to 
vote  at  a  general  election  held  within  this  state,  shall  on  the  daj 


Conduct  of  Election  and  Canvass  of  Votes,        127 

of  such  election,  be  entitled  to  absent  himself  from  any  service  or 
employment  in  which  he  is  then  engaged  or  employed,  for  a  period 
of  two  hours,  while  the  polls  of  such  election  are  open.  If  such 
elector  shall  notify  his  employer  before  the  day  of  such  election  of 
such  intended  absence,  and  if  thereupon  two  successive  hours  for 
such  absence  shall  be  designated  by  the  employer,  and  such  ab- 
sence shall  be  during  such  designated  hours,  or  if  the  employer 
upon  the  day  of  such  notice,  makes  no  designation,  and  such  ab- 
sence shall  be  during  any  two  consecutive  hours  while  such  polls 
are  open,  no  deduction  shall  be  made  from  the  usual  salary  or 
wages  of  such  elector,  and  no  other  penalty  shall  be  imposed  upon 
him  by  his  employer  by  reason  of  such  absence.  This  section  shall 
be  deemed  to  include  all  employes  of  municipalities. 

Refusal  to  permit  employes  to  attend  elections,  K  misdemeanor. 
(See  §  41/,  Penal  Code,  post.) 

Intimidation  of  employe  a  misdemeanor,  and  if  a  corporation  shall  in 
addition  forfeit  its  charter.     {See  §  41^,  sxibd.  3,  'Penal  Code,  post.) 

§  110.  Canvass  of  votes. — Subdivision  i.  Preparation  for  can- 
vass.— As  soon  as  the  polls  of  an  election  are  closed,  the  inspectors 
of  election  thereat  shall  publicly  canvass  and  ascertain  the  votes, 
and  not  adjourn  or  postpone  the  canvass  until  it  shall  be  fully 
completed.  Any  election  officer  who  shall  sign  any  original  state- 
ment of  canvass,  or  certified  copies  thereof,  at  any  place  other 
than  the  polling  place,  or  at  any  time  other  than  immediately 
after  the  canvass  is  completed,  and  any  election  officer  or  person 
who  shall  take  from  the  polling  place  any  such  statement  before 
it  shall  have  been  signed  as  herein  provided,  is  guilty  of  a  felony, 
and  shall  be  punished  upon  conviction  thereof,  by  imprisonment  in 
a  state  prison  for  not  less  than  two  or  more  than  five  years.  The 
room  in  which  such  canvass  is  made  shall  be  clearly  lighted,  and 
such  canvass  shall  be  made  in  plain  view  of  the  public.  It  shall 
not  be  lawful  for  any  person  or  persons,  during  the  canvass,  to 
close  or  cause  to  be  closed,  tne  main  entrance  to  the  room  in  which 
such  canvass  is  conducted  in  such  manner  as  to  prevent  ingress  or 
egress  thereby.  When  two  ballot  boxes  are  provided  for  the  re- 
ception respectively  of  voted  general  ballots  and  question  submit- 
ted ballots,  the  said  ballot  boxes  shall  be  opened  and  the  ballots 
therein  canvassed  in  the  following  order,  namely :  First,  the  box 
containing  the  general  ballots ;  secondly,  the  box  containing  the 


128  The  Election  Law  of  1896. 

ballots  cast  upon  any  constitutional  amendment  or  other  proposi- 
tion or  question.  The  board  of  inspectors  shall  commence  the 
canvass  by  comparing  the  two  poll  books  with  the  registers  used 
on  election  day,  as  to  the  number  of  electors  voting  at  the  elec- 
tion, correcting  any  mistakes  therein,  and  by  counting  the  ballots 
found  in  tlie  ballot  boxes  without  unfolding  them,  except  so  far 
as  to  ascertain  that  each  ballot  is  single,  and  by  comparing  the 
number  of  ballots  found  in  each  box  with  the  number  shown  by 
the  poll  books  and  the  ballot  clerks'  statement  to  have  been  de- 
posited therein.  If  the  ballots  found  in  any  box  shall  be  more 
than  the  number  of  ballots  so  shown  to  have  been  deposited 
therein,  such  ballots  shall  all  be  replaced  without  being  unfolded 
in  the  box  from  which  they  were  taken,  and  shall  be  thoroughly 
mingled  therein,  and  one  of  the  inspectors  designated  by  the  board 
shall,  without  seeing  the  same  and  with  his  back  to  the  box,  pub- 
licly draw  out  as  many  ballots  as  shall  be  equal  to  such  excess  and 
without  unfolding  tliem,  forthwith  destroy  them.  If  two  or  more 
ballots  shall  be  found  in  the  ballot  box  so  folded  together  as  to 
present  the  appearance  of  a  single  ballot,  they  shall  be  destroyed 
if  the  whole  number  of  ballots  in  such  ballot  box  exceeds  the 
whole  number  of  ballots  shown  by  the  poll  books  and  ballot  clerks' 
statement  to  have  been  deposited  therein,  and  not  otherwise.  If 
there  lawfully  be  more  than  one  ballot  box  for  the  reception  of 
ballots  voted  at  the  polling  place,  no  ballot  properly  indorsed, 
found  in  the  wrong  ballot  box,  shall  be  rejected,  but  shall  be  placed 
in  its  proper  box  by  the  inspectors  upon  the  count  of  the  ballots 
before  the  canvass,  and  counted  in  the  same  manner  as  if  found 
in  the  proper  ballot  box,  if  such  ballot  shall  not,  together  with  the 
ballots  found  in  the  proper  ballot  box,  make  a  total  of  more  ballots 
than  are  shown  by  the  poll  books  and  ballot  clerks'  statement  to 
have  been  deposited  in  the  proper  box.  No  ballot  that  has  not  the 
official  indorsement  shall  be  counted,  except  such  as  are  voted  in 
accordance  with  the  provisions  of  the  election  law  relating  to  un- 
official ballots.  The  chairman  only  of  the  board  of  inspectors  shall 
unfold  the  ballots  taken  from  the  ballot  box.  (Thus  amended  by 
chap.  335,  L.   1898.) 

The  indorsement  upon  the  official  ballot  is  an  essential  part  of  the 
machinery  of  elections,  by  means  of  which  the  secrecy  of  voting  is  to  be 
secured  and  enforced.    Where  ballots  were  cast  containing  an  incorrect  in- 


Conduct  of  Election  and  Canvass  of  Votes.        129 

dorsement  they  were  rejected  lawfully.  {People  ex  rel.  Nichols  v.  Board 
of  Canvassers,  129  N.  Y.  401.) 

(It  should  be  noted,  however,  that  the  ballots  referred  to  in  the  above 
case  were  prepared  under  what  was  known  as  the  Ballot  Reform  Law, 
which  provided  that  each  political  party  should  have  a  separate  ballot  for 
its  own  use,  and,  therefore,  if  the  indorsement  upon  the  back  of  one  set 
of  ballots  was  different  from  the  indorsement  upon  the  others,  the  ballot 
would  reveal,  when  voted,  how,  or  for  whom,  the  elector  cast  his  ballot. 
In  the  present  law  where  there  is  but  one  ballot  for  all  parties,  is  the  in- 
dorsement necessarily  of  so  great  importance?) 

A  proper  and  legal  indorsement  is  one  of  the  essential  features  of 
an  official  ballot  and  a  ballot  not  legally  indorsed  cannot  be  received  or 
counted.    {People  ex  rel.  Sherman  v.  Person,  45  N.  Y.  St.  Repr.  528.) 

Subdivision  2.  Intent  of  electors. — Rule  No.  i.  If  the  elector 
shall  have  made  a  voting  mark  in  the  circle  above  one  ticket  only, 
and  no  other  voting  mark  appears  on  other  ticket  or  tickets,  and 
if  no  name  shall  have  been  written  in  the  blank  column,  he  shall 
be  deemed  to  have  cast  his  vote  for  all  the  candidates  on  the  ticket 
so  marked  in  the  circle. 

Cross  mark  in  more  than  one  voting  circle  at  head  of  ticket  should 
be  counted  for  a  candidate  for  same  office  named  on  the  different  tickets 
marked  in  the  circle.  (People  ex  rel.  Feeney  v.  Board  Canvassers,  156  N. 
Y.  39) 

Rule  No.  2.  If  the  elector  shall  have  made  a  voting  mark  in  the 
circle  above  one  ticket  only,  and  shall  have  also  made  a  voting 
mark  or  marks  in  the  voting  space  or  spaces  before  the  name  or 
names  of  a  candidate  or  candidates,  only  on  the  ticket  so  marked 
in  the  circle,  the  voting  marks  in  the  spaces  before  the  names  of 
candidates  on  such  ticket  shall  be  treated  as  surplusage,  and  his 
vote  shall  be  deemed  to  have  been  cast  for  all  the  candidates  on  the 
ticket  so  marked  in  the  circle. 

Voting  marks  before  the  name  of  same  candidate  for  same  office 
in  two  different  columns  to  be  regarded  merely  as  surplusage  and  ballot 
rot  rendered  thereby  as  a  marked  ballot.  {People  ex  rel.  Feeney  v.  Board 
Canvassers,  156  N.  Y.  39.) 

Rule  No.  3.  If  the  elector  shall  have  made  a  voting  mark  in  the 
circle  above  one  ticket  only,  and  shall  have  also  made  a  voting 
mark  in  the  voting  space  or  spaces  before  the  name  or  names  of  a 
candidate  or  candidates  on  one  or  more  other  tickets,  he  shall  be 
deemed  to  have  cast  his  vote  for  all  the  candidates  on  the  ticket 


130  The  Election  Law  of  1896. 

so  marked  in  the  circle,  except  for  those  for  whom  he  has  indi- 
cated his  intention  not  to  vote,  by  making  a  voting  mark  in  the 
voting  space  before  the  name  or  names  of  individual  candidates, 
on  one  or  more  otlier  tickets,  or  by  writing  a  name  in  the  blank 
column ;  and  the  candidate  or  candidates  so  individually  voted  for 
on  such  other  ticket  or  tickets  shall  be  deemed  to  be  the  voter's 
■choice  for  such  office  or  offices ;  provided,  however,  that : 

Cross  marks  before  name  of  opposing  candidate  for  same  single 
office  do  not  wholly  invalidate  the  ballot  only  the  particular  office  affected 
by  such  marks.    (People  ex  rcl.  Fecney  v.  Board  Canvassers,  156  N.  Y.  39.  > 

Rule  No.  4.  When  two  or  more  persons  are  to  be  voted  for  ior 
Ihe  same  office,  as  two  or  more  justices  of  the  supreme  court  Oi 
presidential  electors,  and  the  names  of  the  several  candidates 
therefor  are  printed  under  the  title  of  the  office  for  which  all  are 
running,  and  the  elector  shall  have  made  a  voting  mark  in  the  cir 
cle  at  the  head  of  a  ticket,  and  shall  also  have  made  a  voting  mark 
in  the  voting  space  before  the  name  of  one  or  more  of  a  group  o:': 
candidates  for  such  office  on  other  tickets,  providing  that  he  sha?* 
not  have  marked  the  names  oi  two  or  more  of  such  candidatec 
tipon  the  same  line  upon  the  ballot,  he  shall  be  deemed  to  have 
cast  his  vote  for  all  the  -andidates  for  such  office  so  individually 
marked  and  for  those  marked  in  the  circle,  except  for  those  candi 
dates  under  such  circle  so  marked  whose  names  are  upon  the  same 
line  on  the  ballot  as  he  names  of  the  candidates  so  individually 
marked,  or  written  in  the  blank  column,  unless  in  addition  to 
•Tiaking  the  voting  mark  in  the  circle  at  the  head  of  the  ticket  he 
shall  also  have  made  a  voting  mark  before  each  one  of  the  group 
of  candidates  for  such  office  foi  M^hom  he  desires  to  vote  on  the 
ticket  so  marked  in  the  circle;  provided,  further,  however,  that: 

Cross  marks  opposite  names  of  two  candidates  for  same  office  C  •: 
different  columns  'cut  not  on  same  horizontal  line  do  not  vitiate  bai 
!ot    The  elector  shoulc  be  regarded  as  having  exercised  his  right  to  selec!: 
which  one  of  the  twc  candidates  in  the  different  columns  he  cast  his  voi 
for.     {People  ex  rel.  Feeney  v.  Board  Canvassers,  156  N.  Y.  39.) 

Rule  No.  5.  When  two  or  more  persons  are  to  be  voted  for  for 
the  same  office,  as  twc  or  more  justices  of  the  supreme  court  or 
presidential  electors,  and  the  names  of  the  several  candidates 
"herefor  are  printed  or  any  ticket  under  the  title  of  the  office  for 
which  all  are  running,  and  the  electors  shall  have  made  a  voting 


Conduct  of  Election  and  Canvass  of  Votes.        ijt 

mark  in  the  circle  at  the  head  of  the  ticket,  and  shall  also  have 
made  a  voting  mark  in  the  voting  space  before  the  name  of  more 
than  one  of  the  group  of  candidates  for  such  office  printed  on  the 
same  line  on  the  ballot  on  other  tickets,  or  by  writing  the  name  or 
names  of  a  candidate  or  candidates  in  the  blank  column,  he  must 
also  indicate  by  voting  marks  in  the  voting  spaces  on  the  ticket  so 
marked  in  the  circle  the  individual  candidates  of  the  group  of  can- 
didates on  such  ticket  for  whom  he  desires  to  vote,  or  his  vote 
shall  only  be  counted  for  the  candidates  for  such  office  which  are 
so  individually  marked  on  other  tickets,  or  written  in  the  blank 
column. 

Attempting  to  vote  for  three  candidates  for  same  office  by 
placing  voting  marks  opposite  their  names  when  only  two  candi- 
dates are  to  be  elected  does  not  wholly  destroy  the  ballot  or  require  .he 
inspector  to  throw  it  out,  but  only  to  exclude  the  vote  as  to  the  particruar 
office  affected,  it  being  impossible  to  determine  the  elector's  choice  foi  the 
office.    (People  ex  rel.  Feeney  v.  Board  Canvassers,  156  N.  Y.  39.) 

Rule  No.  6.  If  the  elecor  shall  have  made  a  voting  mark  in 
aiore  than  one  circle  at  the  head  of  the  tickets,  and  if  on  either  at 
such  tickets  there  shall  be  one  or  more  candidates  for  office  for 
which  no  other  candidate  or  candidates  is  or  are  named  on  sucli 
other  ticket  or  tickets  so  marked  in  the  circle  his  vote  shall  be 
counted  for  such  candidate  or  candidates. 

Rule  No.  7.  Subject  to  the  foregoing  rules  if  the  elector  marks 
more  names  than  there  are  persons  to  be  elected  to  an  office,  or 
if  for  any  other  reason,  it  is  impossible  to  determine  the  elector's 
choice  of  a  candidate  for  an  office  to  be  filled,  his  vote  shall  not  be 
counted  for  such  office  but  shall  be  returned  as  a  blank  vote  tor 
such  office. 

Rule  No.  8.  In  the  case  of  a  question  submitted,  if  the  elector 
shall  have  made  a  voting  mark  in  the  voting  space  after  the 
printed  word  "  Yes,"  his  vote  shall  be  deemed  to  be  in  favor  of  the 
adoption  of  the  question  submitted;  if  he  shall  have  made  a  vot- 
ing mark  in  the  voting  space  following  the  printed  word  "  No  '* 
his  vote  shall  be  deemed  to  be  against  the  adoption  of  the  question 
submitted. 

^  Rule  No.  9.  A  void  ballot  is  a  ballot  upon  which  there  shall  be 
found  any  mark  other  than  a  single  cross  X  mark  made  for  the 
Durpose  ot  voting,  which  voting  mark  must  be  made  with  a  pencil 


132  The  Election  Law  of  1896. 

having  black  lead,  only  in  the  circles,  or  in  the  voting  spaces  to 
the  left  of  the  names  of  candidates ;  or  one  upon  which  anything 
is  written  other  than  the  name  or  names  of  persons  not  printed 
upon  the  ballot,  for  whom  the  elector  desires  to  vote,  which  must 
be  written  in  the  blank  column  under  the  proper  title  of  the  office 
with  a  pencil  having  black  lead;  or  one  which  is  defaced  or  torn 
by  the  elector;  or  upon  which  there  shall  be  found  any  erasure  of 
any  printed  device,  figure,  letter  or  word,  or  of  any  name  or  mark 
written  thereon,  or  upon  a  separate  piece  of  paper  or  other 
material  enclosed  in  such  ballot  by  such  elector,  and  upon  such 
ballot  no  vote  for  any  candidate  thereon  shall  be  counted.  (Thus 
amended  by  chap.  654,  L,  1901.) 

Void  ballots  —  ballots  ont  conforming  to  the  provisions  of  a  statute 
intended  for  the  purpose  of  securing  secrecy,  and  which  reveal  the  con- 
tents or  render  them  capable  of  subsequent  identification,  are  void  by  force 
of  prohibition  in  the  statute  against  revealing  and  counting  them.  (Com- 
monwealth V.  JVoelper.  3  S.  &  R.  29;  IVcst  v.  Ross,  55  Mo.  350;  Oglesby 
V.  Sigman.  56  Miss.  502;  State  v.  McKinnon,  8  Oreg.  493;  Reynolds  v. 
Snow.  67  Cal.  497;  Talcott  v.  Philbrick,  59  Conn.  472;  Fields  v.  Osborne, 
21  Atl.  Rep.  1070;  In  re  Vote  Marks,  id.  962;  Ledbettcr  v.  Hall,  62  Mo. 
422;  Perkins  v.  Carraway,  59  Miss.  222;  Steele  v.  Calhoun,  61  id.  556.) 

Mutilated  ballot.  Where  two  ballots  were  discovered  to  be  mutilated 
by  having  torn  from  the  bottom  thereof  stubs  containing  the  names  of 
certain  of  the  candidates,  and  the  stubs  so  torn  oflf  were  found  deposited 
among  the  stubs  in  the  box  for  detached  stubs,  the  court,  assuming  that 
the  mutilation  was  due  to  the  inadvertent  act  of  the  inspectors,  held  that 
the  mutilated  ballots  should  be  counted.  {Thacher  v.  Lent,  71  App.  Div. 
483;  75  N.  Y.  Supp.  732.) 

Marks  in  voting  place  made  as  if  by  some  sharp  instrument,  other 
than  a  pencil,  render  ballot  void  and  should  not  be  counted.  {People  ex  rel. 
Fecncy  v.  Bd.  Canvassers,  156  N.  Y.  39.)  .        . 

Cross  marks  in  voting  space  before  word  "  No  nomination  are 
marks  other  than  to  be  used  by  elector  for  voting  and  render  ballot  con- 
taining such  marks  void.  {People  ex  rel.  Feeney  v.  Bd.  Canvassers,  156 
N.  Y.  39.) 

Writing  the  name  of  candidate  for  office  already  printed  in  the 
blank  column  for  the  same  office  vitiates  the  ballot  under  the  plain  language 
of  the  statute.     (People  ex  rel.  Feeney  v.  Bd.  Canvassers,  156  N.  Y.  39.) 

Erasures,  cancellations,  etc.,  invalidate  ballots. —  Marks  apparently 
made  by  voter  in  attempting  to  correct  his  errors,  such  as  after  making 
the  cross  mark  in  the  circle  or  in  the  voting  space  endeavoring  to  erase 
them  with  a  rubber  or  some  sharp  instrument  or  in  other  cases  by  strikirig 
the  pencil  through  the  marks  so  as  to  erase  them,  render  the  ballot  invalid 
and  no  vote  therein  can  be  lawfully  counted.  {People  ex  rel.  Feeney  v. 
Bd.  Canvassers,  156  N.  Y.  39.) 

A  ballot  furnished  by  the  state  is  not  a  marked  ballot  within  the 
law.  because  of  any  irregularity  in  making  it  up  or  printing  it.  {People  ex 
rel.  Ilirsh  v.  Wood,  148  N.  Y.   142;   14  Misc.  Rep.  377.) 

If  an  elector  in  voting  a  split  ticket  does  not  place  his  mark  in  the 
voting  space  and  opposite  the  name  of  the  candidate  voted  for,  according 
to  the  strict  letter  of  the  election  code,  his  ballot  cannot  be  counted. 
{People  ex  rel.  Wells  v.  Collin,  19  App.  Div.  457;  46  N.  Y.  Supp.  701 ;  Peo- 


Conduct  of  Election  and  Canvass  of  Votes.         133 

pie  ex  rel.  Nichols  v.  County  Canvassers  of  Onondaga,  129  N.  Y.  395; 
People  ex  rel.  Onondaga  Sai'ings  Bk.  v.  Butler,  147  N.  Y.  164.) 

A  voter  of  a  split  ticket  must  place  his  "cross  (X)  mark"  in  the 
"voting  space"  before  the  name  of  his  candidate.  If  he  places  the  mark 
before  the  name  but  without  the  "  voting  space"  the  ballot  is  void.  {IVells 
V.  Collin,  19  App.  Div.  457.) 

A  ballot  on  which  the  cross  mark  is  not  placed  in  the  "  voting 
space  "  is  not  entitled  to  be  counted.  (People  v.  Common  Council  of  the 
City  of  Elmira,   19  App.  Div.  457.) 

A  ballot  containing  in  a  circle  at  the  head  of  one  column  a  num- 
ber of  criss  cross  pencil  marks,  consisting  of  three  perpendicular  lines  and 
three  or  four  horizontal  lines  crossing  the  perpendicular  lines  is  void  un- 
der the  provisions  of  this  section  providing  that  "a  void  ballot  is  a  ballot 
upon  which  there  shall  be  found  any  mark  other  than  a  single  (X)  mark 
made  for  the  purpose  of  voting,"  etc.  {Thacher  v.  Lent,  71  App.  Div.  483; 
75  N.  Y.  Supp.  722.) 

Subdivision  3.  Method  of  counting. —  The  method  of  counting 
shall  be  as  follows :  The  straight  ballots,  that  is,  the  ballots  on 
which  all  the  candidates  on  one  party  ticket  and  no  others  are 
voted  for  shall  be  separated  from  the  split  ballots  and  counted, 
and  the  number  of  straight  party  votes  for  each  candidate  shall  be 
entered  in  gross  opposite  his  name  on  each  tally  sheet  by  the  poll 
clerk  keeping  the  same.  The  chairman  of  the  board  shall  then 
take  the  split  ballots  separately,  and  announce  the  vote  for  each 
candidate  on  each  such  ballot,  in  the  order  of  the  offices  printed 
thereon,  and  each  poll  clerk  shall  make  an  accurate 
tally  of  the  same.  As  the  votes  on  each  split  ballot  are 
counted,  such  ballot  .shall  be  passed  to  the  other  inspect- 
ors for  verification.  The  poll  clerks  shall  then  add  together  all 
the  votes  for  each  candidate  and  the  ballots  wholly  blank  and 
void  together  with  the  ballots  on  which  no  votes  w^ere  counted 
for  any  candidate  for  such  office,  and  shall  enter  the  sum  thereof 
in  the  proper  column  on  the  tally  sheet.  As  soon  as  the  count 
is  completed  for  each  office,  the  poll  cleHcs  shall  submit  the  re- 
sult to  the  inspectors  for  examination,  and  if  found  to  be  correct, 
tiie  chairman  shall  at  once  announce  the  result.  When  a  ballot  is 
not  void  and  an  inspector  of  election  or  other  election  officer  or 
duly  authorized  watcher  shall,  during  the  canvass  of  the  vote,  de- 
clare his  belief  that  any  particular  ballot  has  been  written  upon  or 
marked  in  any  way  for  the  purpose  of  identification,  the  inspectors 
shall  write  on  the  back  of  such  ballot  the  words  "  objected  to  be- 
cause marked  for  identification,"  and  shall  specify  over  their  sig- 
natures upon  the  back  thereof  the  mark  or  marking  upon  such 
ballot  to  which  objection  is  made.  The  votes  upon  each  such  bal- 
lot shall  be  counted  by  them,  as  if  not  so  objected  to.  If  requested 
by  any  watcher  the  inspectors  shall,  during  the  canvass,  exhibit 
any  and  all  ballots  cast  at  such  election  or  town  meeting  to  such 


134  The  Election  Law  of  1896. 

watcher,  fully  opened,  and  in  such  a  condition  that  he  may  fully 
and  carefully  read  and  examine  the  same,  but  such  inspector  shall 
not  allow  any  such  ballot  to  be  taken  from  his  hand.  Any  person 
who  shall  place  upon  any  ballot  taken  from  the  ballot  box  any 
mark  or  marking,  or  who  shall  tear  or  deface  such  ballot  with 
the  intent  of  causing  such  ballot  to  be  rejected  as  void,  shall  be 
guilty  of  a  felony,  and  shall  be  punished  upon  conviction  therefor 
by  imprisonment  in  a  state  prison  for  a  period  not  less  than  five 
nor  more  than  ten  years.  In  cities  of  the  first  class  the  chairman 
of  the  board  of  inspectors  shall,  forthwith  upon  the  completion  of 
the  count  of  votes,  and  the  announcement  thereof,  deliver  to  the 
police  officer  on  duty  at  such  place  of  canvass  a  statement  sub- 
scribed by  the  board  of  inspectors,  stating  the  number  of  votes 
received  by  each  candidate  for  office.  Such  statement  shall  forth- 
with be  conveyed  by  the  said  officer  to  the  station-house  of  the 
police  precinct  in  which  such  place  of  canvass  is  located,  and  he 
shall  deliver  the  same  inviolate  to  the  officer  in  command  thereof, 
who  shall  immediately  transmit  by  telegraph,  telephone  or  mes- 
senger, the  contents  of  such  statement  to  the  officer  commanding 
the  police  department  of  such  city.  Such  statement  shall  be  pre- 
served for  six  months  by  the  police,  and  shall  be  presumptive 
evidence  of  the  result  of  such  canvass  for  each  such  office.  (Thus 
amended  by  chap.  335,  L.  1898.) 

Ballots  incorrectly  numbered  are  "  marked  ballots "  within  the 
statute,  and  should  not  be  received  by  the  board  of  inspectors.  But  once 
received  and  placed  in  the  box,  with  the  stubs  containing  the  numbers  torn 
off,  they  should  be  counted.  (People  ex  rel.  Bradshaw  v.  Bidelman,  69 
Hun,  596.) 

Secrecy  is  the  idea  at  the  foundation  of  the  ballot  law,  and  any  con- 
struction which  would  permit  the  ballots  to  be  counted  that  would  reveal 
the  way  the  voter  using  them  voted  should  be  avoided  as  contrary  to  the 
true  policy  and  intent  of  the  law.  (People  ex  rel.  Nichols  v.  Board  of  Can- 
vassers, 129  N.  Y.  401.) 

Ballots  wrong  as  to  form  in  that  they  contain  more  candidates 
for  a  certain  office  than  there  are  persons  to  be  elected  to  such  office,  shall 
be  regarded  and  treated  as  valid,  although  unofficial  ballots.  But  votes 
cast  by  the  use  of  such  ballots  for  more  candidates  than  should  be  voted 
for  cannot  be  counted,  because  they  fail  to  express  the  elector's  choice  for 
the  office,  and  if  there  is  one  ballot  cast  only  containing  the  proper  number 
of  candidates  for  an  office,  such  ballot  shall  be  counted  and  the  officers 
thereby  voted  for  declared  elected.  (Montgomery  v.  O'Dell,  51  N.  Y.  St. 
Repr.  444.) 


Conduct  of  Election  and  Canvass  of  Votes.        135 

The  elegibility  of  a  person  voted  for  cannot  be  decided  by  in- 
specters  of  election;  their  duty  is  to  count  the  votes  cast  for  any  and  every 
person  whose  name  appears  upon  a  ballot  printed  and  indorsed  as  the  law 
directs.     (People  ex  rel.  Bradley  v.  Shaw,  45  N.  Y.  St.  Repr.  533.) 

Prior  to  the  legislation  of  1890,  ballots  could  be  counted  for  candi- 
dates for  whom  they  were  cast,  though  they  did  not  in  all  respects  corre- 
spond with  the  direction  of  the  statute,  and  after  deposited  in  the  box 
could  not  be  rejected  in  any  case  by  the  canvassers  if  the  intent  of  the 
voters  was  sufficiently  expressed.  (People  ex  rel.  Nichols  v.  Board  of  Can- 
vassers, 129  N.  Y.  401.) 

An  imperfect  cross  mark  in  the  circle  at  the  head  of  the  party  column 
will  not  vitiate  the  vote.  (People  ex  rel.  Boutel  v.  Morgan,  20  App.  Div. 
48;  46  N.  Y.  Supp.  898.) 

Where  a  cross  with  no  name  after  it  is  put  in  the  blank  column  in- 
tended for  persons  not  formally  nominated,  it  cannot  be  accredited  to  the 
person  whose  name  is  in  the  next  column  on  the  left.  (People  ex  rel.  Bou- 
tel V.  Morgan,  20  App.  Div.  48;    46  N.  Y.  Supp.  898.) 

Power  to  reject  votes. — The  power  given  to  canvassers  to  reject  bal- 
lots is  strongly  condemned  in  People  ex  rel.  Feeney  v.  Bd.  of  Canvassers, 
23  App.  Div.  201. 

No  power  to  reject  ballots  marked  for  identification. — A  canvassing 
board  has  no  power  to  reject  ballots  which  are  marked  for  identification, 
and  a  mandamus  will  not  lie  to  require  them  to  do  so.  (In  re  Kline,  17 
Misc.  672.) 

"When  the  objection  to  ballots  as  marked  for  identification  is  not 
raised  during  the  canvass,  a  mandamus  will  not  lie  to  compel  the  inspec- 
tors to  reconvene  and  recount  the  ballots.  The  remedy  left  open  is  by 
quo  warranto,  or  by  the  determination  of  the  board  to  which  an  officer  is 
declared  elected  by  the  canvass  objected  to.  (People  ex  rel.  Clark  v. 
Barley,  16  Misc.  Rep.  603.) 

Boards  of  inspectors  of  election  have  no  power  conferred  upon  them 
to  correct  frauds  or  rectify  mistakes,  except  clerical  ones.  Their  duty  is 
simply  to  count  the  ballots  actually  in  the  box  at  the  close  of  the  polls. 
(People  ex  rel.  Blodgctt  v.  Board,  44  N.  Y.  St.  Repr.  738.) 

Inspectors  are  liable  in  damages  for  refusing  to  perform  any  of  the 
acts  required  by  the  statute  in  relation  to  ballots  objected  to  as  marked 
for  identification.     (People  ex  rel.  Hasbrouck  v.  Supervisors,   135  N.  Y. 

522.) 

A  single  inspector  cannot  indorse  upon  a  ballot  an  objection  raised 
subsequently  to  the  canvass  that  it  was  marked  for  identification.  (Peo- 
ple ex  rel.  Bush  v.  Board,  66  Hun,  265.) 

Where  but  one  legal  vote  was  cast  for  a  candidate  for  an  office  re- 
quired by  law  to  be  filled  at  that  election,  such  candidate  was  rightfully 
declared  elected,  though  not  regularly  nominated,  and  his  name  not  printed 
on  the  official  ballot.    (Montgomery  v.  O'Dell,  51  N.  Y.  St.  Repr.  444.) 

The  very  purpose  of  voting  is  that  the  ballot  may  show  the  voter'« 


136  The  Election  Law  of  1896. 

choice,  and  when  he  names  more  than  the  limited  number  of  candidates 
to  be  voted  for,  it  is  impossible  to  determine  which  of  the  number  he  pre- 
fers. (Montgomery  v.  O'Dcll,  51  N.  Y.  St.  Repr.  444;  People  v.  Loomis, 
8  Wend.  396;  People  v.  Seaman,  5  Den.  409;  People  v.  Ames,  19  How. 
Pr.  551) 

Canvassers  must  reject  and  treat  as  void  all  ballots  found  in  the  box, 
prepared  for  and  bearing  the  designation  and  number  of  another  and  a 
different  polling  place  or  election  district  than  the  one  where  the  ballot  was 
cast.     (People  ex  rcl.  Nichols  v.  Board  of  Canvassers,  129  N.  Y.  395,  408.) 

Crossmarks  in  circle —  An  elector  made  a  crossmark  in  each  circle  at 
the  head  of  the  democratic,  republican  and  socialist-labor  party,  and  also 
made  a  crossmark  in  the  voting  spaces  before  the  names  of  candidates  on 
both  the  democratic  and  republican  tickets,  but  not  on  the  socialist-labor 
ticket ;  it  was  held  that  the  crossmark  in  the  circle  at  the  head  of  the 
socialist-labor  ticket  made  the  ballot  void.  (Matter  of  Holmes,  30  Misc. 
127:  61  N.  Y.  Supp.  775.) 

As  to  void  marks  in  circle,  see  People  ex  rel.  Obert  v.  Bourke.  30  Misc. 
461 ;  63  N.  Y.  Supp.  906. 

§111.  Original  statement  of  canvass  and  certified  copies. — 
Upon  the  completion  of  the  canvass,  the  board  of  inspectors  of 
election  sliall  make  and  sig;n  an  original  statement  thereof  show- 
ing the  kind  of  election,  the  date  when  held;  the  number  of  the 
election  district ;  the  town  or  ward,  and  the  city  and  country 
in  which  it  was  held,  on  the  first  page  or  pages  of  which  there 
shall  be  return  of  the  ballots  voted,  following  which  there  shall 
be  a  separate  return  for  each  office  of  the  votes  cast  for  each 
candidate  therefor  in  the  form  prescribed  for  such  returns  and 
statement  in  section  eighty-four  of  the  election  law.  At  the  end 
of  the  last  detailed  statement  of  votes  cast  for  candidates,  they 
shall  add  a  statement  of  the  number  of  general  ballots  pro- 
tested as  "  marked  for  identification,"  which  ballots  shall  be 
indorsed  by  the  inspectors  "  protested  as  marked  for  identi- 
fication," specifying  the  mark  or  marking  to  which  objec- 
tion is  macle  over  their  signatures,  and  all  of  which  shall  be 
counted  for  the  several  candidates  voted  for  thereon.  The  in- 
spectors shall  also  make  as  a  part  of  their  original  statement 
a  return  of  the  number  of  void  ballots  rejected  by  them,  and 
on  such  ballots  no  vote  can  be  counted  for  any  candidate.  Each 
such  ballot  so  declared  void  by  the  inspectors  shall  be  indorsed 
upon  the  back  thereof  with  the  specific  reason  for  such  rejection. 
Such  void  ballots  shall,  together  with  the  ballots  which  were 
protested  as  being  marked  for  identification  be  secured  in  a 
separate  sealed  package,  which  shall  be  indorsed  on  the  outside 
thereof  with  the  names  of  the  inspectors,  the  designation  of  the 
election  district,  and  the  number  and  kinds  of  ballots  contained 
therein.  Such  package  shall  be  filed  by  the  chairman  of  the  board 
of  inspectors  with  the  original  statement  of  the  canvass.  If  bal- 
lots are  voted  on  any  constitutional  amendment,  proposition  or 
question,  a  similar  return  of  the  ballots  and  votes  cast  thereon 


Conduct  of  Election  and  Canvass  of  Votes.        137 

shall  be  made  and  included  as  a  part  of  such  original  statement. 
Such  inspectors  shall,  whenever  unofficial  ballots  are  voted,  return 
all  of  such  ballots  in  the  package  with  the  void  and  protested 
ballots.  At  the  end  of  each  return  contained  in  such  original 
statement  of  the  canvass,  and  also  at  the  bottom  of  each  sheet, 
or  half  sheet  thereof,  the  inspectors  shall  make  and  sign  a  certifi- 
cate that  the  foregoing  statement  is  correct.  If  any  inspector,  poll 
clerk  or  ballot  clerk  shall  refuse  to  sign  any  return  required  of 
him  by  the  election  law  he  must  state  the  grounds  upon  which 
such  refusal  is  based  upon  such  return  over  his  signature.  Un- 
less such  an  election  be  an  election  of  town,  village  or  school  of- 
ficers, held  at  a  different  time  from  a  general  election,  such  in- 
spectors shall  forthwith  and  before  adjourning  and  taking  any  re- 
cess make  two  certified  copies  of  such  original  certified  statement 
of  the  result  of  the  canvass.  Forthwith  upon  the  completion  of 
such  original  statement  and  of  such  certified  copies  thereof,  and 
the  proclamation  of  the  result  of  the  election  as  to  each  candidate, 
the  ballots  voted,  except  the  void  and  protested  ballots,  shall  be 
replaced  in  the  box  from  which  they  were  taken,  together  with 
a  statement  as  to  the  number  of  such  ballots  so  replaced.  Each 
such  box  shall  be  securely  locked  and  sealed,  and  shall  be  depos- 
ited with  the  officer  or'board  furnishing  such  boxes.  They  shall 
be  preserved  inviolate  for  six  months  after  such  election  and  may 
be  opened  and  their  contents  examined  upon  the  order  of  the  su- 
preme court  or  a  justice  thereof,  or  a  county  judge  of  such  county, 
and  at  the  expiration  of  such  time  the  ballots  may  be  disposed  of  in 
the  discretion  of  the  officer  or  board  having  charge  of  them. 

[For  Form  for  Inspectors'  Return  and  Statement  of  Canvass,  see  Forms  at 

end  of  article.] 

False  returns. — "  An  inspector  or  poll  clerk  of  an  election  or  town 
meeting,  who  intentionally  makes,  or  attempts  to  make,  a  false  canvass  of 
the  ballots  cast  thereat,  or  any  false  statement  of  the  result  of  a  canvass, 
though  not  signed  by  a  majority  of  the  inspectors,  or  any  person  who  in- 
duces or  attempts  to  induce  any  such  inspector  or  clerk  so  to  do,  is  guilty 
of  a  felony,"  (§  4in,  Penal  Code.) 

An  erasure  or  alteration  visible  upon  the  face  of  a  statement  of 
canvass  will  not  create  the  presumption  of  fraud.  Election  returns  are 
documents  of  a  public  nature,  and  in  the  absence  of  proof  that  they  have 
been  fraudulently  tampered  with  will  be  received  as  evidence  in  courts  of 
justice.    (People  ex  rel.  Stone  v.  Minck,  21  N.  Y.  539.) 


138  The  Election  Law  of  1896. 

A  new  statement  of  canvass  cannot  be  made  by  the  inspectors  aft^ 
the  completion  and  filing  of  the  original  statement.  Boards  of  inspectors 
cannot  thus  review  their  own  acts.  (People  ex  rel.  Russell  v.  Board,  46 
Hun,  390.) 

Where  two  inspectors  signed  the  statement  of  canvass  and  two  refused 
to  sign,  and  the  questions  of  fraud  raised  were  never  finally  determined 
by  legal  proceedings,  there  was  no  election.  {People  ex  rel  Woods  v. 
Crussey,  91  N.  Y.  616.) 

Inspectors  having  made  a  canvass  cannot  be  compelled  or  per- 
mitted to  make  a  new  one.  (People  ex  rel.  Fiske  v.  Devermann,  83  Hun, 
81.) 

The  signing  of  a  statement  in  blank  in  advance  of  the  canvass  is 
wrong  and  irregular,  but  if,  by  the  consent  and  action  of  the  canvassers, 
the  statement  is  filled  up  with  the  result  agreed  upon  by  all  of  their  nunr- 
ber,  the  statement  becomes  effective.  (People  ex  rel.  Fiske  v.  Devermann, 
83  Hun,  81.) 

If  inspectors  of  election  indorse  on  the  return  their  reasons  for  not 
signing  the  some,  they  cannot  be  proceeded  against  to  show  cause  why 
they  did  not  do  so.  (In  re  Election  of  Alderman  of  First  Ward  of  City  of 
Buffalo,  49  N.  Y.  Supp.  241.) 

When  inspectors  of  election  have  made  and  signed  their  statement 
they  are  discharged,  and  cannot  afterwards  indorse  ballots  and  affix  them 
to  the  statement.  (Supm.  Ct.,  Sp.  T.,  1896.  Matter  of  Kline,  17  Misc.  672; 
40  N.  Y.  Supp.  600;  People  ex  rel.  Bush  v.  County  Canvassers  of  Ulster, 
66  Hun,  265;    People  ex  rel.  Gaige  v.  Reardon,  40  Hun,  425.) 

Where  the  copy  of  the  statements  of  inspectors  of  election  certi- 
fies a  different  number  of  votes  from  that  in  the  tally  sheet,  they  must 
correct  the  same  under  the  election  law.     (In  re  Stewart,  48  N.  Y.  Supp. 

957.) 

Canvass  at  town  election. —  Mandamus  will  issue,  in  favor  of  any 
person  aggrieved,  against  a  board  of  canvassers  at  a  town  election,  requir- 
ing such  board  to  reconvene  and  publicly  take  from  the  ballot  box  ballots 
rejected  as  void,  and  endorse  on  each  of  such  ballots  the  specific  reason 
for  its  rejection,  and  then  to  place  such  ballots  in  a  separate  package,  sealed 
and  endorsed  as  required  by  the  above  section.  (People  ex  rel.  Maxim  v. 
Ward,  62  App.  Div.  531.) 

§  112.  Proclamation  of  result. —  Upon  the  completion  of  such 
canvass  and  of  the  original  statement  and  certified  copies  of  the 
result  thereof,  the  chairman  of  the  board  of  inspectors  shall  make 
public  oral  proclamation  of  the  whole  number  of  votes  cast  at  such 
election  at  such  polling  place  for  all  candidates  for  each  office ; 
upon  each  proposed  constitutional  amendment  or  other  question 
or  proposition, if  any, voted  upon  at  such  election, the  whole  num- 
ber of  votes  given  for  each  person,  with  the  title  of  the  office  for 
which  he  was  named  on  the  ballot ;  and  the  whole  number  of  votes 
given  respectively  for  and  against  each  proposed  constitutional 
amendment  or  other  question  or  proposition  if  any,  so  submitted. 
The  original  statement  of  canvass  and  the  certified  copies  thereof 
shall  be  securely  and  separately  sealed  with  sealing  wax  in  an  en- 
velope properly  indorsed  on  the  outside  thereof  by  the  inspectors. 


Conduct  of  Election  and  Canvass  of  Votes.        139 

and  shall  be  kept  inviolate  by  the  officers  or  board  with  whom  they 
are  filed  until  delivered,  together  with  the  sealed  packages  of  void 
and  protested  ballots,  to  the  county  or  city  board  of  canvassers. 

[For  Form  for  Proclamation,  see  Forms  at  end  of  article.] 
§  113.  Delivery  and  filing  of  papers  relating  to  the  election. — 

Subdivision  i.  If  the  election  be  other  than  an  election  of  town, 
city,  village  or  school  officers,  held  at  a  different  time  from  a  gen- 
eral election,  the  chairman  of  the  board  of  inspectors  of  each 
election  district,  except  in  the  city  of  New  York  and  in  the  county 
of  Erie,  shall  forthwith  upon  the  completion  of  such  certified 
original  statement  of  the  result,  deliver  one  certified  copy  thereof 
to  the  supervisor  of  the  town  in  which  the  election,  if  outside  of 
a  city,  is  situated,  and  if  in  a  city,  to  one  of  the  supervisors  of  said 
city.  If  there  be  no  supervisor,  or  he  be  absent  or  unable  to 
attend  the  meeting  of  the  county  board  of  canvassers,  such  certi- 
fied copy  shall  be  forthwith  delivered  to  an  assessor  of  such  town 
or  city.  One  certified  copy  of  such  original  statement  of  the  re- 
sult of  the  canvass,  the  poll  books  of  such  election,  and  one  of  the 
tally  sheets,  shall  be  forthwith  filed  by  such  inspectors,  or  by  one 
of  them  deputed  for  that  purpose,  with  the  town  clerk  of  such 
town,  or  the  city  clerk  of  such  city,  as  the  case  may  be.  The 
original  certified  statement  of  the  result  of  the  canvass,  with  the 
original  ballot  return  prepared  by  the  ballot  clerk,  attached,  the 
sealed  package  of  void  and  protested  ballots,  the  record  as  to 
challenged  and  assisted  voters,  and  the  sealed  packages  of  de- 
tached stubs  and  unvoted  ballots,  and  one  of  the  tally  sheets  shall, 
within  twenty-four  hours  after  the  completion  of  such  canvass, 
be  filed  by  the  chairman  of  the  board  of  inspectors,  w^ith  the 
county  clerk  of  the  county  in  which  the  election  district  is  situ- 
ated. The  register  of  electors  and  public  copy  thereof  shall  be 
filed  as  prescribed  in  section  thirty-five  of  this  act.  (Thus 
amended  by  chaps.  165  a}id  643,  L.  1905,  in  effect  May  26,  1905.) 
Subdivision  2.  In  the  city  of  New  York  the  original  statement 
of  canvass  and  the  sealed  package  of  void  and  protested  ballots 
shall  be  filed  by  the  chairman  of  the  board  of  inspectors  within 
twenty-four  hours  after  the  completion  of  the  canvass  with  the 
county  clerk  of  the  county  within  which  the  election  district  is 
located,  together  with  one  of  the  poll  books  and  one  of  the  tally 
sheets,  properly  certified  by  the  poll  clerks.  One  certified  copy 
of  such  original  statement,  one  poll  book  and  one  tally  sheet  shall 
be  filed  within  such  time  with  the  board  of  elections  and  with  the 
chief  clerk  of  the  branch  office  of  the  board  of  elections,  as  the 
case  may  be,  in  the  borovigh  within  which  the  election  district  is 
located  by  an  inspector  designated  by  the  board  of  inspectors  for 


I40  The  Election  Law  of  1896. 

that  duty,  and  the  other  certified  copy  of  such  original  statement 
with  the  city  clerk,  by  an  inspector  designated  by  the  board  of 
inspectors  for  that  duty.  In  election  districts  in  the  city  of  New 
York,  the  boards  of  inspectors  of  election  must,  at  the  same  time 
they  make  and  sign  the  aforesaid  original  statement  and  certified 
copies  thereof,  make  a  certified  copy  of  so  much  thereof  as  re- 
lates to  any  candidate  for  member  of  assembly,  senator  or  repre- 
sentative in  congress,  voted  for  in  said  election  district,  and  also 
in  any  part  of  any  county  not  within  the  city  of  New  York,  and 
such  certified  copy  must,  within  twenty-four  hours  after  the  com- 
pletion of  the  canvass  by  the  inspectors,  be  filed  by  the  chairman 
of  the  board  of  inspectors,  with  the  clerk  of  the  county  outside 
of  the  city  of  New  York  of  which  such  officers  or  any  of  them 
are  voted  for  at  such  election.  The  sealed  packages  or  detached 
stubs,  and  ballots  not  used  at  the  election  shall,  in  the  city  of  New 
York,  be  given  by  the  inspectors  to  the  police  who  shall  return 
them  to  the  bureau  of  elections  of  the  borough  within  which  the 
election  district  is  located.  All  such  packages  of  detached  stubs 
and  unused  ballots  shall  be  preserved  inviolate  in  the  ofiice  in 
which  they  are  filed,  for  a  period  of  six  months  from  the  time  of 
filing  thereof,  and  may  be  opened  and  examined  upon  the  order 
of  the  supreme  court  or  a  justice  thereof,  or  a  county  judge  within 
such  county,  or  by  a  committee  of  the  legislature,  and  at  the 
expiration  of  such  time  may  be  disposed  of  in  the  discretion  of 
the  officer  or  board  having  custody  of  the  same.  (Thus  amended 
by  chap.  95,  L.  1901.) 

Subdivision  3.  In  the  election  districts  within  the  metropolitan 
elections  district  the  certified  copy  of  the  original  statement  of 
canvass,  the  tally  sheet  and  poll  book  required  to  be  filed  with  the 
town  or  city  clerk  under  subdivision  one  of  this  section  and  the 
certified  copy  of  the  original  statement  of  canvass  required  to  be 
filed  with  the  city  clerk  of  the  city  of  New  York,  the  poll  book 
and  tally  sheet  required  to  be  filed  with  the  superintendent  of 
elections  of  such  city  and  with  the  chief  of  the  branch  bureaus  of 
elections  within  such  city  under  subdivision  two  of  this  section, 
shall  be  forthwith  filed  by  such  officers  in  the  office  of  the  state 
superintendent  of  elections  for  the  metropolitan  elections  dis- 
trict.    (Added  by  chap.  630,  L.  1899.) 

Subdivision  4.  In  the  county  of  Erie  one  certified  copy  of  the 
statement  of  canvass  and  one  tally  sheet  shall  be  filed  forthwith 
by  one  inspector  deputed  for  that  purpose,  with  the  clerk  of  the 
town  or  the  clerk  of  the  city  of  Buffalo,  or  the  clerk  of  the  city  of 
Tonawanda,  as  the  case  may  be,  and  one  certified  copy  with  the 
clerk  of  the  county  of  Erie.  The  original  statement  of  the  result 
of  the  canvass,  together  with  one  tally  sheet,  the  package  of  void 
and  protested  ballots  and  any  and  all  other  packages  required  by 
law  to  be  filed  by  a  board  of  election  inspectors,  not  herein  other- 


Conduct  of  Election  and  Canvass  of  Votes.         141 

wise  specified,  shall,  within  twenty-four  hours  after  the  comple- 
tion of  such  canvass,  be  filed  by  the  chairman  of  each  board  of 
inspectors  with  the  commissioner  of  elections.  All  poll  lists  for 
the  various  election  districts  in  the  city  of  Buffalo  shall  be  filed 
with  the  commissioner  of  elections  and  those  for  the  city  of 
Tonawanda  with  the  clerk  of  such  city,  and  those  for  the  towns 
in  Erie  county  with  the  town  clerks  thereof.  {Added  by  chap. 
643,  L.  1905,  in  effect  May  26,  1905.) 

Mandamus  will  lie  to  compel  inspectors  of  election  to  perform  their 
official  duties  in  relation  to  the  making  and  filing  of  true  copies  of  the 
original  statement  of  canvass.  Where  one  such  copy  is  incorrect,  the  in- 
spectors may  be  compelled  to  file  a  correct  one.  (Gleason  v.  BlanCj  14 
Misc.  620.    See  §  113,  Election  Law.) 

§  114,  Judicial  investigation  of  ballots. —  If  any  certified  orig- 
inal statement  of  the  result  of  the  canvass  in  an  election  district 
shall  show  that  any  of  the  ballots  counted  at  an  election  therein 
were  objected  to  as  marked  for  identification,  a  writ  of  mandamus 
may,  upon  the  application  of  any  candidate  voted  for  at  such 
election  in  such  district,  within  twenty  days  thereafter,  issue  out 
of  the  supreme  court  to  the  board  or  body  of  canvassers,  if  any, 
of  the  return  of  the  inspectors  of  such  election  district,  and  other- 
wise to  the  inspectors  of  election  making  such  statement  requiring 
a  recount  of  the  votes  of  such  ballots.  If  the  court  shall,  in  the 
proceedings  upon  such  writ,  determine  that  any  such  ballot  was 
marked  for  the  purpose  of  identification,  the  court  shall  order 
such  ballot  and  the  votes  thereon  to  be  excluded  upon  a  recount 
of  such  votes.  A  like  writ  may  in  the  same  manner  be  issued  to 
determine  whether  any  ballot  and  the  votes  thereon  which  has 
been  rejected  by  the  inspectors  as  void,  shall  be  counted.  If  in 
the  proceedings  upon  such  writ  the  court  shall  determine  that  the 
votes  upon  any  such  ballot  rejected  as  void  shall  be  counted,  the 
court  shall  order  such  ballot  and  the  votes  thereon  to  be  counted 
upon  a  recount  of  such  votes.  Boards  of  inspectors  of  election 
districts,  and  boards  of  canvassers,  shall  continue  in  office  for  the 
purpose  of  such  proceedings. 

An  alternative  writ  of  mandamus  should  be  procured  so  that  dis- 
puted facts  can  be  settled  before  the  peremptory  writ  issues.  (People  ex 
rel.  Hasbrouck  v.  Supervisors,  135  N.  Y.  522.) 

A  writ  of  peremptory  mandamus  is  proper  to  compel  votes  for  an 
office  omitted  to  be  named  upon  an  official  ballot  to  be  counted  when  writ- 
ten upon  the  ballot.    {People  ex  rel.  Goring  v.  President.  144  N.  Y.  616.) 

The  courts  must  determine  in  the  mandamus  proceeding  whether, 
under  the  circumstances  of  the  particular  case,  there  has  been  such  a  sub- 
stantial compliance  with  the  statute  a«  will  enable  the  c.indidate  com- 
plaining of  marked  ballots  to  maintain  the  proceeding.    Inspectors  cannot 


142  The  Election  Law  of  1896. 

defeat  the  mandamus  proceeding  by  failing  to  write  their  names  on  the 
ballots  or  to  make  the  required  statement.  (People  ex  rel.  HasbroucTt  v. 
Supervisors,  135  N.  Y.  522.) 

An  election  will  not  be  nullified  in  toto  by  the  casting  and  counting 
of  marked  ballots.  Such  ballot  will  be  thrown  out  as  void,  but  will  not 
operate  to  render  void  the  ballots  that  were  regular  and  in  accordance  with 
the  provisions  of  the  statute.  {People  ex  rel.  Bradshaw  v.  Bidelman,  69 
Hun,  596.) 

A  statement  of  canvass  or  certificate  of  election  is  only  prima 
fade  evidence  of  the  title  of  the  persons  therein  declared  elected  to  the 
offices  therein  mentioned.  In  all  cases  where  the  proceeding  is  by  quo  war- 
ranto or  in  an  action  of  that  nature,  it  is  held  that  such  proceeding  is  in- 
stituted to  try  the  right  to  the  office  directly,  and  it  is  competent  to  go  be- 
hind the  certificate  or  statement,  which  would  otherwise  be  conclusive,  to 
ascertain  the  real  facts  of  the  case.  (People  v.  Pease,  27  N.  Y.  45;  People 
V.  Seaman,  5  Den.  409;  People  v.  Ferguson,  8  Cow.  102;  People  v.  Van 
Slyck,  4  id.  297;  People  v.  Vail,  20  Wend.  12.) 

The  intent  of  th.e  voter  will  be  effectuated  as  far  as  possible  by  the 
court's  ruling  as  to  the  counting  or  discarding  of  votes.  (^People  ex  rel. 
Nichols  v.  Board  of  Canvassers,  129  N.  Y.  401.) 

TJnlesB  objection  Is  made  during  the  canvass  to  a  ballot  as  marked 
for  identification  the  inspectors  are  not  required  to  so  indorse  it  nor  return 
it  with  their  statement  of  canvass.  A  peremptory  writ  of  mandamus  will 
not  issue  compelling  the  board  to  so  indorse  the  ballot  upon  an  objection 
made  subsequent  to  the  canvass,  but  an  alternative  writ  will  issue  in  order 
that  the  fact  of  the  validity  of  the  ballot  may  be  tried.  (People  ex  rel. 
Bush  V.  Board,  66  Hun,  265.) 

That  an  objection  to  a  ballot  was  not  raised  during  the  canvass  of 
the  votes  will  not  preclude  the  court  from  subsequently  considering  such 
objection.    (People  ex  rel.  Hasbrouck  v.  Supervisors,  135  N.  Y.  522.) 

Every  inspector  must  sign  the  certificate  containing  a  statement 
of  canvass  required  by  law.  He  cannot  refuse  to  do  so  on  the  ground 
that  he  knows  or  believes  that  votes  were  cast  by  persons  who  had  no 
right  to  cast  them.  If  such  persons  have  taken  the  required  oaths  the 
inspectors  must  receive  the  votes,  and  a  mandamus  will  issue  compelling 
them  to  sign  the  returns.     (People  ex  rel.  Stapleton  v.  Bell,   119  N.  Y. 

17s.) 
Whether  a  ballot  is  or  is  not  a  marked  ballot  is  an  open  question  to 

be  determined  as  an  issue  of  fact  by  the  court.    (People  ex  rel.  Hasbrouck 

v.  Supervisors,  I35  N.  Y.  522.) 

Inspectors  must  count  all  ballots  whether  objected  to  or  not,  and  in 
a  proceeding  to  obtain  a  writ  of  mandamus  compelling  them  so  to  do,  the 
question  as  to  whether  the  ballots  were  marked  for  identification  cannot 
be  raised.    (People  ex  rel.  Bradley  v.  Shaw,  133  N.  Y.  493.) 

There  is  nothing  for  the  inspectors  to  do  except  to  count  the  bal- 
lots in  the  box.    They  are  prohibited  from  receiving  any  having  any  mark 


Conduct  of  Election  and  Canvass  of  Votes.        143 

00  the  outside  or  not  properly  indorsed,  and  if  anything  appears  on  the  in- 
side of  the  ballot  not  authorized  by  law  they  must  preserve  such  ballot; 
then  those  interested  have  ample  opportunity  to  deliberately  investigate 
the  matter,  and  after  such  investigation,  if  they  think  proper,  present  it  to 
the  court  for  its  determination.  {People  ex  rel.  Bradley  v.  Shaw,  45  N.  Y. 
St.  Repr.  533.) 

Where  inspectors  have  canvassed  the  votes,  and  fraud  or  mistake 
other  than  clerical  is  afterwards  shown,  the  remedy  is  not  by  mandamus 
to  compel  them  to  recount  the  votes,  but  by  quo  warranto  after  certifi- 
cates of  election  have  been  granted  to  the  candidates  declared  elected. 
(People  ex  rel.  Gaige  v.  Reardon,  49  Hun,  425,  overruling  People  v.  Board, 
64  How.  201.) 

The  remedy  for  frauds  and  mistakes  other  than  clerical  is  by  proper 
proceedings  in  court  or  before  the  board  or  body,  to  membership  in 
which  the  person  aggrieved  is  a  candidate,  where  that  board  or  body  has 
the  power  conferred  upon  it  to  determine  the  qualifications  and  election 
of  its  own  members.  Mandamus  is  not  such  a  proper  proceeding  in  court. 
{People  ex  rel.  Blodgett  v.  Board,  44  N.  Y.  St.  Repr.  738.) 

An  irregularity  on  the  part  of  the  inspectors  in  not  complying  with 
the  law  in  making  and  filing  their  returns  cannot  be  availed  of  by  one 
who  does  not  show  himself  to  have  been  injured  thereby.  {People  ex  rel. 
Hatzel  V.  Board,  58  How.  141.) 

A  county  court  has  no  power  to  order  a  recount  of  ballots,  nor  power 
to  appoint  a  referee  to  supervise  the  recount  and  to  decide  as  to  the  validity 
of  ballots.    {Matter  of  Tompkins.  23  App.  Div.  224.) 

Where  the  returns  do  not  agree  with  the  tally  sheet  the  courts  can 
require  by  mandamus  that  the  inspectors  be  summoned  before  the  board 
of  county  canvassers  and  be  compelled  to  amend  their  returns  by  insert- 
ing in  them  the  results  as  shown  by  the  tally  sheets.  {Matter  of  Stewart, 
24  App.  Div.  117.) 

A  peremptory  mandamus  will  not  be  granted  where  a  material  issue 
is  raised.     {In  re  Kline,  17  Misc.  672.) 

A  mandamus  will  not  be  granted  to  compel  a  board  of  canvassers 
to  reconvene  and  recount  the  ballots  cast  at  an  election,  and  allow  cer- 
tain ballots  rejected  by  them,  where  it  appears  that  such  ballots  were 
not  objected  to  or  marked  by  the  inspectors  for  identification,  or  attached 
to  the  statement  of  canvass.    {People  ex  rel.  Clark  v.  Earley.  16  Misc.  603.) 

Certiorari  does  not  lie  to  review  the  acts  of  an  election  board  in  receiv- 
ing votes,  and  announcing  the  result  as  they  are  not  judicial  in  character. 
{People  v.  Austin,  46  N.  Y.  Supo.  526.) 

The  alternative  writ  of  mandamus  delegates  to  the  board  of  in« 
•pectors  the  whole  matter  of  recanvassing  the  ballots,  with  no  specific 
directions  as  to  how  such  recanvass  is  to  be  conducted,  beyond  the  direc- 
tion that  they  are  to  follow  the  language  of  the  statute.  {People  ex  rel. 
Phillips  v.  Sutherland,  g  App.  Div.  313.)  , 

A  ballot  box  will  not  be  opened  by  order  of  the  court  except  for 


144  The  Election  Law  of  1896. 

the  purpose  of  aiding  a  criminal  prosecution,  or  in  a  civil  action  or  pro- 
ceeding, where  the  court  may  make  a  decision  that  will  bind  the  rights 
of  the  parties  and  the  public.  {Supm.  Ct.,  Sp.  T.,  1896.  Matter  of  Elec- 
tion of  Member  of  Assembly  for  First  District,  Erie  County,  18  Misc.  391.) 

A  candidate  will  not  be  allowed  to  inspect  split  ballots  on  plea  that 
such  ballots  cast  for  his  opponent  had  been  credited  to  himself,  and  that 
those  cast  for  him  had  been  counted  to  another.  C-^Z?.) 

A  peremptory  writ  of  mandamus  can  be  granted  to  compel  a  recount 
of  baljots  cast  at  a  general  election,  rejected  as  void,  and  protested  as 
marked  for  identification,  where  the  opposing  affidavits  allege  that  the 
packages  containing  such  ballots  were  found  in  the  county  clerk's  office  in 
a  place  to  which  all  persons  had  an  easy  access;  that  none  of  such  pack- 
ages were  indorsed,  that  some  of  them  were  sealed  and  others  unsealed; 
that  many  ballots  were  not  indorsed  as  required  by  the  Election  Law ;  and 
that  many  of  them  had  actually  been  counted  for  the  petitioner.  {People 
ex  rcl.  Perry  v.  Board  of  Canvassers,  88  App.  Div.  185, 84  N.  Y.  Supp.  406. 

Mandamus  to  compel  recount  and  recanvass. —  Where  it  appears  that  the 
vote  at  a  town  election  was  not  counted  or  returned  as  provided  in  section 
1 10  of  the  Election  Law,  the  court  may,  in  its  discretion,  order  that  a  pe- 
remptory writ  of  mandamus  issue  directing  a  recount  and  recanvass  of  the 
vote.  As  a  general  rule  mere  irregularities  in  the  mode  of  canvassing  a 
vote  and  making  a  return  thereof  will  not  vitiate;  and  if  such  irregulari- 
ties are  the  result  of  ignorance  or  inadvertence  and  do  not  affect  the  re- 
sult, the  court  may  refuse  to  take  action.  But  until  the  inspectors  and  poll 
clerks  have  canvassed  the  vote  in  the  manner  provided  by  statute,  they 
have  not  performed  their  duty  as  ministerial  officers,  and  the  court  may 
compel  by  mandamus  a  recount  and  recanvass.  The  provisions  of  the 
above  section  authorizing  proceedings  by  mandamus  do  not  divest  the 
court  of  its  common-law  jurisdiction  to  issue  a  writ  of  mandamus  com- 
manding inspectors  of  election  to  convene  and  perform  their  duties  as 
prescribed  by  statute.  {People  ex  rel.  Brink  v.  Way,  92  App.  Div.  82,. 
86  N.  Y.  Supp.  892.) 

A  private  citizen  and  voter  has  no  right,  after  a  correct  canvass  of  the 
votes  cast  at  an  election  has  been  made,  to  compel  a  recanvass  upon  the 
sole  ground  that  the  canvass  already  made  was  not  made  by  the  officers 
authorized  by  law  tb  make  it.  {Matter  of  ScoHeld  v.  Board  of  Aldermen, 
102  App.  Div.  358.) 


Conduct  of  Elections  and  Canvass  of  Votes —  Forms,     jap 
FORMS  FOR  ELECTION  LAW,  ARTICLE  5. 


FORM  No.  33. 

(See  §  104,  subd.  2,  Election  Law.) 

Oath  to  be  taken  by  election  officers  before  opening  of  the  polls. 

(Sec  §  108,  page  128.) 

STATE  OF  NEW  YORK, 

County  of  , 

I  do  solemnly  swear  (or  affirm)  that  I  will  not  in  any  manner  request  or 
seek  to  persuade,  or  induce  any  voter  to  vote  any  particular  ticket  or  for 
any  particular  candidate,  and  that  I  will  not  keep  or  make  any  memoranda 
or  entry  of  anything  occurring  within  a  voting  booth,  and  that  I  will  not 
directly  or  indirectly  reveal  to  any  person  the  name  of  any  candidate  voted 
for  by  any  voter,  or  which  ticket  he  has  voted,  or  anything  occurring' 
within  the  voting  booth  except  I  be  called  upon  to  testify  in  a  judicial  pro- 
ceeding for  a  violation  of  the  election  law. 


Subscribed  and  sworn  to  before  me 
this  ,  day  of        .    ,  189 


The  above  oath  should  be  taken  before  a  notary  public  or  other  officer 
authorized  to  administer  oaths. 

It  would  seem  to  be  good  practice  if  the  same  should  be  filed  in  the 
office  of  the  town  or  city  clerk  as  evidence  of  the  fact  that  the  statute  has- 
been  complied  with. 


FORM  No.  34. 

(See  §  100,  Election  Law.) 

Proclamation  of  opening  the  polls. 
Hear  ye  !  hear  ye  !  hear  ye  !  The  polls  of  this  election  is  opened,  and 
all  persons  attending  the  same  are  strictly  charged  and  commanded,  by 
the  authority  and  in  the  name  of  the  people  of  this  state,  to  keep  the 
peace  thereof  during  their  attendance  at  this  election  on  pain  of  imprison- 
ment. And  all  persons  are  desired  to  take  notice  that  the  polls  will  be 
closed  at  five  o'clock  in  the  afternoon. 


FORM  No.   35. 

(See  §  102,  Election  Law.) 

Certificate  of  appointment  of  watchers. 
At  a  meeting  of  the  committee  of  the  party  (or  inde- 

pendent  body),  a  political  party  (or  independent  body),  which   has  dulv 
filed   cc-tificates  of  nominations  of  candidates  to  be  filled  at  the 


X46  The  Election  Law  of  1896. 

■election  to  be  held  ,  189     ,  the  following  named  persons,  and 

,  were,  by  virtue  of  the  powers  given  to  the  said  political  organ- 
ization (or  independent)  body  by  section  102  of  the  election  law  appointed 
watchers  to  attend  the  polling  places  in  the  election  district  of 

the  town  (or  ward)  of  ,  in  the  county  of 

Witness,  the  signature  of  the  president  (or  chairman)  and  the  secretary 
of  the  committee  of  said  political  party  (or  independent  body)  this 

day  of  ,  189    . 

President  {or  Chairman) 


Secretary. 


FOBM  No.  36. 

(See  S  103,  subd.  2,  Election  Law.) 

Form  of  ballot  return  to  be  prepared  by  the  ballot  clerks,  and 
attached  to  the  original  statement  of  canvass  made  by  the  inspectors 
and  to  each  copy,  in  compliance  with  subdivision  two  of  section  one  hun- 
dred and  three  of  the  election  law. 

1.  The  number  of  full  sets  of  official  ballots  furnished  to  election  dis- 

trict  number  (five)  of   the    (town    of  Canandaigoia)    county  of 
(Ontario),  were 800 

2.  The  number  of  sets  erf  official  ballots  canceled  before  delivery  to 

voters  by  reason  of  one  or  more  of  the  set  being  found  defective 

in  printing  or  mutilated,  all  of  which  were  destroyed  by  us,  were.       5 

3.  The  number  of  sets  of   official   ballots  spoiled  and  returned  by 

voters,  all  of  which  were  destroyed  by  us,  were 10 

4.  The  number  of  sets  of  official  ballots  returned  to  the  county  clerk 

or  other  officer,  unused,  were 300 

5.  The  number  of  sets  of  official  ballots  actually  voted,  were 485 

€.  Total  sets  of  official  ballots  accounted  for  are 800 

7.  The  number  of  sets  of  detached  stubs  were 500 

8.  The  number  of  sets  of  stubs  on  unused  ballots  were 300 

9.  The  total  sets  of  stubs  accounted  for  are 800 


We  hereby  certify  that  the  foregoing  ballot  return  for  election  district 
number  (five)  of  the  (town  of  Canandaigua),  county  of  (Ontario),  for  the 
election  held  November  (5th,  1895),  is  correct. 

(Signed.)  , 


Ballot  Clerks. 


Conduct  of  Elections  and  Canvass  of  Votes  —  Forms.     147 
FOBM  No.  37. 

(See  5  '03.  subd.  3,  Election  Law.) 

Poll  liat.    Sample  of  alphabetical  page. 


m 

M 

0 
"3 

NAME  OF  ELECT- 
ORS. 

Residence  of 
electors. 

Number  on   ballot 

delivered  to 

electors. 

•d 

V 

0 

> 
.J 
0 

H 

J3 

a 
0 

6 

0 

a 

First 
set. 

Second 
set. 

Third 
set. 

Remarks. 

I 

a 
3 

4 

Adams,  John. 
Anthony,  Smith  J. 
Andrews,  Wm.... 

Archer,  Frank  J.. 

4000  Swan  St.. . 

Albany 

36g  State  st 

736  Madison  av. 

4 

60 

100 

160 

86 

.... 

4 

86 

100 

160 

Challenged 

Blind,     as- 
sisted   bj 

(Upon  the  close  of  the  polls  the  poll  list  to  be  delivered  to  the  chairman 
of  board  of  inspectors.) 


FOBM  No.  38. 

(See  S  104,  subd.  2,  Election  Law.) 

Oath  to  be  administered  to  illiterate  voter. — You  do  solemnly  swear 
(or  affirm)  that  you  are  unable  to  prepare  your  ballot  without  assistance 
because  you  are  unable  to  write  by  reason  of  illiteracy. 


FOBM  No.   30. 

(See  5  104,  subd.  2,  Electioi^I^aw.) 

Oath  to  be  administered  to  disabled  voters. —  i.  You  do  solemnly 
swear  (or  affirm)  that  you  will  be  unable  to  prepare  your  ballot  without 
assistance,  because  (Insert  specific  disease  or  crippled 

condition). 


Conduct  of  Elections  and  Canvass  of  Votes — Forms.  149 


150  The  Election  Law  or  1896. 

FORM  No.  42. 

(See  §  108,  Election  Law.) 

Questions  under  preliminary  oath. 

1.  What  is  your  name? 

2.  What  is  your  age  ? 

3.  Where  do  you  reside  ?  State  as  precisely  as  you  are  able  the  particu" 
lar  locality  of  your  place  of  residence. 

4.  How  long  have  you  resided  in  this  election  district  ? 

5.  What  was  your  last  place  of  residence  before  you  came  into  this  elec- 
tion district  ? 

6.  How  long  have  you  resided  in  this  county  7 

7.  How  long  have  you  resided  in  this  state  ? 

8.  Are  you  a  native  or  naturalized  citizen  ? 
If  a  naturalized  citizen. 

9.  When  were  you  naturalized  } 

ID.  Where  and  in  what  court,  or  before  what  officer. 

11.  How  long  have  you  resided  in  the  United  States  ? 

12.  Did  you  come  into  this  election  district  for  the  purpose  of  voting  at 
the  next  ensuing  election  ? 

13.  How  long  do  you  contemplate  residing  in  this  election  district? 

14.  Have  you  made  any  bet  or  wager,  or  are  you  directly  or  indirectly 
interested  in  any  bet  or  wager  depending  on  the  result  of  the  next  ensuing 
election  ? 

15.  Have  you  received,  or  offered  to  receive,  or  do  you  expect  to  receive, 
any  money  or  other  valuable  thing  as  a  compensation  or  reward  for  giving 
your  vote  at  the  next  ensuing  election  ? 

16.  Have  you  paid,  offered  or  promised  to  pay,  contributed,  offered  or 
promised  to  contribute,  to  another,  to  be  paid  or  used,  any  money  or  other 
valuable  thing,  or  made  any  promise,  to  influence  the  giving  or  withholding 
of  any  vote  at  the  next  ensuing  election  ? 

17.  Have  you  been  convicted  of  bribery  or  of  any  infamous  crime,  or,  if 
convicted,  have  you  been  pardoned  and  restored  to  all  the  rights  of 
citizenship  ? 

In  addition,  such  other  questions  may  be  asked  which  may  tend  to  test 
the  qualitications  of  the  person  offering  to  vote  as  a  resident  of  the  election 
district,  citizenship  and  right  to  vote  at  such  polling  place. 


FORM  No.  43. 

(See  §  108,  Election  Law.) 

General  oath  on  challeng^e. 

"  If  the  person  so  offering  to  vote,  shall  persist  in  his  claim  to  vote,  and 

the  challenge   shall   not   be  withdrawn,  one  of  the  inspectors  shall  then 

administer  to  him  the  following  oath  :  'You  do  swear  (or  affirm)  that  you 

are  twenty-one  years  of  age,  that  you  have  been  a   citizen    of  the  United 


Conduct  of  Elections  and  Canvass  of  Votes — Forms.      151 

States  for  ninety  days,  and  an  inhabitant  of  this  state  for  one  year  next 
preceding  this  election,  and  for  the  last  four  months  a  resident  of  this 
county,  and  for  thirty  days  a  resident  of  this  election  district,  and  that  you 
have  not  voted  at  this  election.' 

"  If  the  person  so  offering  to  vote  shall  be  challenged  for  causes  stated 
in  section  two  of  article  two  of  the  constitution  of  this  state  the  following 
additional  oath  shall  be  administered  by  one  of  the  inspectors  :  '  You  do 
swear  (or  affirm)  that  you  have  not  received  or  offered,  do  not  expect  to 
receive,  have  not  paid,  offered  or  promised  to  pay,  contributed,  offered 
or  promised  to  contribute  to  another,  to  be  paid  or  used,  any  money  or 
other  valuable  thing  as  a  compensation  or  reward  for  the  giving  or  with- 
holding a  vote  at  this  election,  and  have  not  made  any  promise  toinfiuencts 
the  giving  or  withholding  of  any  such  vote  ;  and  that  you  have  not  made, 
or  become  directly  or  indirectly  interested  in  any  bet  or  wager  depending; 
upon  the  result  of  this  election.' 

"  If  the  person  so  offering  shall  be  challenged  on  the  ground  of  having 
been  convicted  of  bribery  or  any  infamous  crime,  the  following  additional 
oath  shall  be  administered  to  him  by  one  of  the  inspectors :  '  You  do 
swear  (or  affirm)  that  you  have  not  been  convicted  of  bribery  or  any 
infamous  crime,  or  if  so  convicted,  that  you  have  been  pardoned  and 
restored  to  all  the  rights  of  a  citizen.' 

"  If  any  person  shall  refuse  to  take  either  oath  so  tendered,  his  vote  shalk 
be  rejected."     (§  108,  Eiectioft  Law.) 


FORM  No.  44. 

(See  §§  104  and  io6,  Election  Law.) 

Blank  for  the  report  of  assisted  and  challenged  elector&, 
Three  blank  statements  in  the  following  form  shall  also  be  furnished  to 
each  board  of  inspectors,  which  shall,  at  the  close  of  the  election,  be  filled 
by  them,  and  one  original    statement  shall  be  attached  to  the  original 
return,  and  a  copy  thereof  to  each  copy  of  the  original  return  : 

1.  The  names  of  persons  who  were  challenged,  and  the  challenge  not 

withdrawn,  were  ,  in  all,  three  (3) 

2.  The  names  of  persons  who  received  assistance  on  account  of  physical 

disability,  were  ,  in  all,  five  (5) 

3.  The  names  of  persons  who  received  assistance  on  account  of  being 

unable  to  write  by  reason  of  illiteracy,  were  , 

in  all,  twq  (2) 

We  certify  the  foregoing  statement  is  correct. 
Dated  this  (fifth)  day  of  November,  1895. 


Board  of  Inspectors. 


*  Under  the  heading  of  paragraph  i,  should  be  stated  whether  the  person  challenged  too) 
(he  preliminary  or  general  oath  or  both. 


152  The  Election  Law  of  1896. 

FORM  No.  46. 

(See  $  III,  Election  Law.) 

Sample. 
Inspectors'  returns  and  statement  of  canvass. —  Original  official 
statement  of  the  result  of  a  (general)  election,  held  on  the  (fifth)  day  of 
November  (1895),  in  the  (fifth)  election  district  of  the  (town  of  Canandai- 
gua),  county  of  (Ontario),  state  of  New  York,  made  by  the  inspectors  of 
election  in  and  for  said  district,  which  return  is  made  as  provided  in  sec- 
tion one  hundred  and  eleven  of  the  election  law. 

RETURN  OF  BALLOTS  VOTED. 

I.  The  whole  number  of  general  ballots  actually  voted,  as  verified 
by  the  return  of  the  ballot  clerks  attached  hereto  were  (four 
hundred  and  eighty-five) 4^5 

-2.  The  number  of  general  ballots  cast  and  found  to  be  entirely 
blank,  all  of  which  were  returned  by  us  to  the  ballot  box  were 
(five) 5 

3.  The  number  of  general  ballots  cast  which  were  rejected  by  us  as 

"  void  "  and  on  which  no  vote  was  counted  for  any  candidate, 
all  of  which  are  in  the  sealed  package  returned  herewith,  and 
on  each  of  which  ballot  is  indorsed  the  reason  for  such  rejec- 
tion, were  (ten) 10 

4.  The  number  of  general  ballots  cast  on  which  votes  were  counted 

for  one  or  more  candidates,  all  of  which  were  returned  to  the 
ballot  box  (except  those  protested  as  being  marked  for  identi- 
fication), were  (four  hundred  and  seventy) 470 

5.  The  total  number  of  ballots  accounted  for  by  us  are 4^5 

We   certify  the  foregoing  statement  of  ballots  voted  is  correct  in  all 
respects. 

Dated  this  (fifth)  day  of  November  (1895). 


Board  of  Inspectors. 

Statement  and  return  of  the  votes  for  the  ofl&ces  of  electors  for  presi- 
dent and  vice-president.* 

1.  The  number  of  ballots  cast  on  which  votes  were  counted  for  any 

candidate  for  office,  were  four  hundred  and  seventy 470 

2.  The  number  of  ballots  cast  and  counted  on  which  there  was  no 

vote   for  the  office  of  elector  of  president  and  vice-president, 
were  nineteen 19 

3.  The  whole  number  of  ballots  on  which  votes  were  counted  for  the 

office  of  elector  of  president  and  vice-president,  were  four  hun- 
dred and  fifty-one •  •  •       45^ 


•Inspectors  will  note  the  addition  of  paragraph  4  incorporated  in  statement  of  return  of 
TOtes  for  presidential  electors  used  in  addition  to  the  form  of  headings  used  for  offices  where 
only  one  candidate  is  nominated  by  each  party  for  an  office.  The  same  wording  should  be 
Ufed  for  all  offices  where  two  or  more  candidates  are  nominated  by  the  same  party  for  th« 
•ame  office  under  one  office  heading. 


Conduct  of  Elections  and  Canvass  ok  Votes — F(jrms.  153 

4..  The  whole  number  of  votes  counted  upon  such  ballots  for  the 
office  of  elector  of  president  and  vice-president  were  thirty- 
seven  hundred  and  forty-one 3,74' 

5.  Of  which  George  E.  Moulton  received  three  hundred  and  five  .  305 

6.  Benjamin  F.  Blair  received  three  hundred  and  four 304 

7.  Clarence  Van  Deusen  received  three  hundred  and  four 304 

8.  Samuel  Andrews  received  three  hundred  and  three 303 

9.  Charles  Spicer  received  three  hundred  and  three 303 

10.  Harry  Taylor  received  three  hundred  and  three 303 

11.  William  Halloran  received  three  hundred  and  three 303 

12.  J.  Wesley  Hamer  received  three  hundred  and  three 303 

13.  Jacob  W.  Essegger  received  one  hundred  and  sixty-five 165 

14.  Charles  J.  Edwards  received  one  hundred  and  sixty-four 164 

15.  Melvin  A.  Rice  received  one  hundred  and  sixty-four 164 

16.  George  Sandhusen  received  one  hundred  and  sixty-four 164 

17.  Calvin  W.  Withey  received  one  hundred  and  sixty-four 164 

18.  Horatio  Alderson  received  one  hundred  and   sixty-four 164 

19.  Michael  Byrnes  received  one  hundred  and  sixty-four 164 

20.  David  Hawey  received  one  hundred  and  sixty-four 164 

Total 3.74! 

Statement  and  return  of  the  votes  for  the  oflB.ce  of  (governor). 

1.  The  number  of  ballots  cast  on  which  votes  were  counted  for  any 

candidate  for  office  were  (four  hundred  and  seventy) 470 

2.  The  number  of  ballots  cast  and  counted  on  which  there  was  no 

vote,  for  the  office  of  (governor)  were  (five) 5 

3.  The  whole  number  of  ballots  on  which  votes  were  counted  for 

the  office  of  (governor)  were  (four  hundred  and  sixty-five) ....  465 

4.  Of  which  (Levi  P.  Morton)  received  (three  hundred) 300 

5.  (David  B.  Hill)  received  (one  hundred  and  sixty-five) 165 

Total 465 

Statement  and  return  of  the  votes  for  the  ofl&ce  of  (lieutenant- 
governor). 

1.  The  whole  number  of  ballots  cast  on  which  votes  were  counted 

for  any  candidate  for  office  were  (four  hundred  and  seventy)  .  .  470 

2.  The  number  of  ballots  cast  and  counted  on  which  there  was  no 

vote  for  the  office  of  (lieutenant-governor)  were  (seven) 7 

3.  The  whole  number  of  ballots  on  which  votes  were  counted  for 

the  office  of  (lieutenant-governor)  were  (four  hundred  and  sixty- 
three)  463 

4.  Of  which  (Charles  T.  Saxton)  received  (three  hundred  and  three)  303 

5.  (William  F.  Shcehan)  received  (one  hundred  and  sixty) 160 

Total 463 


154  The  Election  Law  of  1896. 

Statement  and  return  of  the  votes  for  the  office  of  (county  clerk). 

1.  The  whole  number  of  ballots  cast  on  which  votes  were  counted 

for  any  candidate  for  office  were  (four  hundred  and  seventy)  .  .  .       470 

2.  The  number  of  ballots  cast  and  counted  on  which  there  was  no 

vote  for  the  office  of  (county  clerk)  were  (ten) 10 

3.  The  whole  number  of  ballots  on  which  votes  were  counted  for 

the  office  of  (county  clerk)  were  (four  hundred  and  sixty)  ....       460 

4.  Of  which  (John  Doe)  received  (three  hundred  and  fifteen) 315 

5.  (Richard  Doe)  received  (one  hundred  and  forty-five) 145 

Total 460 

The  number  of  general  ballots  "  protested  as  marked  for  identification  " 
(all  of  which  are  in  the  sealed  package  returned  herewith  together  with 
the  void  ballots)  each  of  which  have  been  indorsed  by  us  "  protested  as 
marked  for  identification,"  the  mark  or  marking  to  which  objection  was 
made  being  specified  upon  the  back  of  each  such  ballot,  and  all  of  which 
were  counted  for  the  several  candidates  voted  thereon  in  the  foregoing 
returns,  were  (three) 3 

But  such  number  does  not  include  any  ballot  which  was  rejected  by  us  as 
void.  Such  void  ballots  are  included  in  our  return  as  "  void  "  ballots  on 
which  no  vote  for  any  candidate  was  counted  and  are  marked  upon  the 
back  thereof  "  void  "  and  indorsed  with  the  reason  for  so  declaring  them. 
They  are  in  the  sealed  package  returned  herewith  together  with  the  bal- 
lots "  protested  as  being  marked  for  identification." 

We  certify  the  foregoing  statement  is  correct  in  all  respects.   - 

Dated  this  (fifth)  day  of  November,  1895. 


Board  of  Inspectors. 

Note. —  A  similar  certificate  is  to  be  made  at  the  bottom  of  each  sheet  or  half  sheet  of 
this  return.  If  ballots  are  voted  or  any  constitutional  amendment  or  question  or  proposition 
submitted,  a  similar  return  is  to  be  included.  Two  certified  copies  of  the  original  statement 
and  return  are  to  be  made. 


FORM  No.  46. 

(See  %  112,  Election  Law.) 

Proclamation  of  result. 

"Hear  ye!  hear  ye!!  hear  ye!!!  The  whole  number  of  votes  given 
for  the  office  of  (governor),  found  in  the  box  just  canvassed,  was  (1090)  ; 
of  which  number  there  were  given  for  said  office,  for  Roswell  P.  Flower 
(595),  for  Jacob  .Sloat  Fassett  (362),  for  Joseph  W.  Bruce  (153)."  (naming 
each  person  voted  for,  for  the  office  of  governor,  and  the  number  of  votes 
given  for  him  for  that  office). 

"  The  whole  number  of  votes  given  for  the  office  of  lieutenant-governor, 
found  in   the   same  box,  was  . .  .  .;  of  which   there  were  given  for  that 

office,  for  William  F.  Sheehan ,  for  John  W.  Vrooman  .  . .  ."    Proceed 

on  with  the  votes  given  for  the  different  candidates. 


§  130     County  and  State  Board  of  Canvassers.      155 

ARTICLE  VL 
Coimty  and  State  Board  of  Canvassers. 
Section  130.  Organization  of  county  board  of  canva.ssers. 

131.  Production  of  original  statements  and  copies  thereof. 

132.  Correction  of  clerical  errors  in  election  district  statements. 

133.  Correction  in  state  or  county  board  of  canvassers'  statement. 

134.  Proceeding   of  state   board   of  canvassers  upon   corrected 

statement. 

135.  Statement  of  canvass  by  county  boards. 

136.  Decisions  of  county  boards  as  to  persons  elected. 

137.  Transmission  of  statements  of  county  boards  to  secretary 

of  state. 

138.  Organization  of  state  board  of  canvassers. 

139.  Canvass  by  state  board. 

140.  Certificates  of  election. 

141.  Record  in    office  of  secretary  of  state    of  county   officers 

elected. 

§  130.  Organization  of  county  board  of  canvassers. —  The  board 
of  supervisors  of  each  county  shall  be  the  county  board  of  can- 
vassers of  such  county.  The  county  board  of  canvassers  of  the 
counties  wholly  or  partly  within  The  City  of  New  York  shall  be 
the  city  board  of  canvassers  of  The  City  of  New  York  within 
their  respective  counties.  The  county  board  of  canvassers  of  a 
county  containing  a  city  of  the  second  class  shall  be  the  city 
board  of  canvassers  of  such  city.  The  county  board  of  canvassers 
of  the  respective  counties  shall  meet  on  the  Tuesday  next  after 
each  election  of  public  officers  held  in  such  county  other  than  an 
election  of  town,  city,  village  or  district  school  officers  held  at  a 
different  time  from  a  general  election.  In  the  county  of  Erie  the 
board  of  county  canvassers  shall  meet  at  the  usual  place  of  meet- 
ing of  the  board  of  supervisors  and  in  all  other  counties  at  the 
office  of  the  county  clerk.  Upon  such  meeting  they  shall  choose 
one  of  their  number  chairman  of  such  board.  In  the  county  of 
Erie  the  commissioner  of  elections  shall  be  the  secretary  of  the 
board  of  county  canvassers  and  in  all  other  counties  the  county 
clerk,  or  if  he  be  absent  or  unable  to. act,  the  deputy  county  clerk 
of  such  county,  shall  be  the  secretary  of  such  board.  The  secre- 
tary of  the  board  shall  thereupon  administer  the  constitutional 
oath  of  office  to  the  chairman  of  the  board,  who  shall  then  ad- 


156  The  Election  Law  of  1896.  §  131 

minister  such  oath  to  each  member,  and  to  the  secretary  of  the 
board.  A  majority  of  the  members  of  any  board  of  canvassers 
shall  constitute  a  quorum  thereof.  If,  on  the  day  fixed  for  such 
meeting,  a  majority  of  any  such  board  shall  not  attend,  the  mem- 
bers of  the  board  then  present  shall  elect  the  chairman  of  the 
board  and  adjourn  to  some  convenient  hour  of  the  next  day.  If 
such  board,  or  a  majority  thereof,  shall  fail  or  neglect  to  meet 
within  two  days  after  the  time  fixed  for  organizing  such  board, 
the  supreme  court,  or  any  justice  thereof,  or  county  judge  within 
such  county,  may  compel  the  members  thereof  by  writ  of  man- 
damus to  meet  and  organize  forthwith.  (TJiiis  amended  by  chap. 
208,  L.  1901,  and  chap.  643,  L.  1905,  in  effect  May  26,  1905.) 

If  the  county  clerk  do  not  appear  and  if  his  deputy  be  also  absent, 
the  board  has  power  to  appoint  a  secretary  in  their  place  to  perform  the 
duties  which  appertain  to  that  office.  The  same  is  true,  if  the  county 
clerk  shall  be  present  but  refuse  to  perform  his  duties.  (People  ex  rel. 
Daley  v.  Rice,   129  N.  Y.  449.) 

§  131.  Production  of  original  statements  and  copies 
thereof. — As  soon  as  such  board  of  county  canvassers  shall  have 
been  organized,  the  officer  with  which  they  were  filed,  shall 
deliver  to  such  board  of  canvassers  all  the  original  statements  of 
canvass  received  from  inspectors  of  election  for  districts  within 
the  county  for  which  said  board  are  county  or  city  canvassers. 
The  copies  of  the  original  statements  which  have  been  delivered 
to  members  of  the  board  of  assessors  shall  then  be  delivered  to 
the  board.  If  any  member  of  the  county  board  of  canvassers 
shall  be  unable  to  attend  the  first  meeting  of  such  board,  he  shall, 
at  or  before  such  meeting,  cause  to  be  delivered  to  the  secretary 
of  such  board  all  such  copies  of  original  statements  delivered  to 
him,  and  any  original  statement  that  may  have  come  into  his  pos- 
session. If,  at  the  first  meeting  of  a  county  board  of  canvassers 
of  any  county,  all  such  original  statements  of  the  result  of  the 
canvass  of  the  votes  cast  at  such  election  in  all  the  election  dis- 
tricts in  the  county  shall  not  be  produced  before  the  board,  it  shall 


^133  County  and  State  Board  of  Canvassers.  157 

adjourn  to  some  convenient  hour  of  the  same  or  the  next  day, 
and  the  secretary  of  such  board  shall,  by  special  messenger  or 
otherwise,  obtain  such  missing  original  statements,  if  possible, 
otherwise  he  shall  procure  one  of  the  certified  copies  thereof  in 
timo  to  be  produced  before  such  board  at  its  next  meeting.  At 
such  first  meeting,  or  as  soon  as  an  original  statement  of  the 
result  of  the  canvas  of  the  votes  cast  at  such  election  in  every 
election  district  of  the  county  shall  be  produced  before  such 
board,  or  a  copy  thereof,  in  case  the  original  can  not  be  pro- 
duced, the  board  shall,  from  such  original  statements  and  certi- 
fied copies,  proceed  to  canvass  the  votes  cast  in  such  county  at 
such  election.     {Thus  amended  by  chap.  379,  L.  1897.) 

It  is  clearly  the  Intention  of  the  statute  that  the  official  statement 
made  after  and  in  accordance  with  the  proclamation  of  the  result  of  the 
canvass,  which  is  required  to  be  certified  to  as  correct  over  the  signatures 
of  the  inspectors,  shall  form  the  basis  of  the  estimate  of  the  board  of 
canvassers.     (Matter of  Noyes,  ^x"^.  Y.  St.  Repr.  127.) 

The  county  board  cauuot  estimate  the  number  of  votes  cast  from  the 
sample  ballots  attached  to  the  inspectors'  certificates  instead  of  from  the 
face  of  the  return.  (People  ex  rel.  Noyes\.  Board,  34  N.  Y.  St.  Repr.  8,- 
Matter  of  Noyes,  id.  127  ;  People  ex  rel.  Noyes  v.  Board,  126  N.  Y.  392.) 
It  should  be  noted  that  the  present  law  does  not  require  sample  ballots  to 
be  attached  to  the  returns  made  by  the  inspectors. 

The  court  cannot  compel  the  county  board  of  canvassers  to  change 
the  returns  of  a  general  election  so  as  to  show  separately  the  number  of 
votes  cast  for  the  office  of  governor  in  the  name  of  and  under  the  emblem 
of  the  political  party  whose  candidate  for  the  office  was  the  same  as  that 
of  another  political  party,  in  order  that  it  shall  appear  from  the  returns 
filed  in  the  office  of  the  secretary  of  state  whether  or  not  such  first  men- 
tioned political  party  polled  ten  thousand  votes  for  state  offi.cers  at  such 
election,  and  is  thus  entitled  to  make  its  nominations  for  the  next  year 
by  convention.  (People  ex  rel.  Boies  v.  Board  of  Camassers,  jg  App. 
Div.  514.) 

§  132.  Correction  of  clerical  errors  in  election  district  state- 
ments.—  If,  upon  proceeding  to  canvass  such  votes,  it  shall  clearly 
appear  to  any  county  board  of  canvassers  that  certain  matters  are 
omitted  from  any  such  statement  or  copy,  which  should  have  been 
inserted,  or  that  any  merely  clerical  mistakes  exists  therein,  they 
shall  have  power,  and  such  power  is  hereby  given,  to  summon  the 
inspectors  of  election  whose  names  are  subscribed  thereto,  before 
such  board,  and  such  inspectors  shall  forthwith  meet  and  make 
such  correction  as  the  facts  of  the  case  require;  but  such 
inspectors  shall  not  change  or  alter  any  decision  before  made 
13 


1^8  The  Election  Law  of  1896,  §  133 

by  them,  but  shall  only  cause  their  canvass  to  be  correctly 
stated.  The  board  of  county  canvassers  may  adjourn  from 
day  to  day  not  exceeding  three  days  in  all,  for  the  purpose  of 
obtaining  and  receiving  such  corrected  statements. 

The  statute  as  to  counting  and  certifying  the  votes  of  electors  of 
various  offices  is  very  plain  and  concise  and  local  inspectors  must  count 
the  votes  they  receive  and  certify  them.  The  county  canvassing  boards 
must,  upon  those  returns,  declare  the  result.  They  have  power  to  have 
corrected  clerical  errors  made  by  local  boards,  or  send  for  complete  returns 
under  the  statute,  but  the  power  is  nowhere  given  in  the  statute  to  a  can- 
vassing board  to  reject  any  vote  that  comes  to  it  certified  in  due  form  by 
the  local  inspectors  as  having  been  cast  at  the  election.  {^Matter  of 
Woods,  5  Misc.  Rep.  575.) 

A  mandamus  will  lie  to  compel  the  county  board  to  send  back  to  the 
inspectors  for  correction  returns  upon  which  the  names  of  candidates  are 
incorrectly  given  or  misspelled.     {People  ex  rel.  Mimro  v.  Board,  129  N. 

Y.  469.) 

Returns  may  be  sent  back  to  the  inspectors  for  correction  in  case  of 
a  clerical  error  but  not  for  a  recount.  {People  ex  rel.  Noyes  v.  Board,  126 
N.  Y.  392;  People  ex  rel.  Fiske  v.  Devermann,  83  Hun,  181.) 

Boards  of  canvassers  have  no  power  conferred  upon  them  to  correct 
frauds  or  rectify  mistakes,  except  clerical  ones.  Their  duty  is  simply  to 
add  together  the  statements  of  results  filed  with  them  by  inspectors. 
{People  ex  rel.  Blodgeit  v.  Board,  44  N.  Y.  St.  Rep.  738.) 

The  board  of  covmty  canvassers  has  only  ministerial  and  not  judi- 
cial duties  to  perform  and  cannot  enter  upon  a  judicial  investigation  to 
ascertain  the  genuineness  of  a  return  which  the  law  required  to  be 
returned  to  it.  Such  return  is  favored  by  the  presumption  of  official 
honesty  and  regularity.  If  the  returns  are  not  regular,  the  board  should 
send  them  back  to  the  inspectors  for  correction.  {People  ex  rel.  Russell  v. 
Board,  46  Hun,  390;  People  ex  rel.  Noyes  v.  Board,  34  N.  Y.  St.  Repr.  8; 
Mailer  0/  Noyes,  id.  127;  People  ex  rel.  Noyes  v.  Board,  126  N.  Y.  392; 
People  v.  Cook,  8  id.  67  ;  People  ex  rel.  Deuc/iler  v.  Board,  64  How.  337; 
Mailer  of  Felt,  1 1  Abb.  [N.  S.]  207  ;  People  v.  Van  Slyck,  4  How.  297  ;  Ex 
parie  Heaih,  3  Hill,  42  ;  Kutz  v.  Canvassers,  12  Abb.  N.  C.  84.) 

A  writ  of  mandamus  will  issue  to  compel  the  canvassing  board  to 
send  back  to  the  inspectors,  for  correction,  returns  which  do  not  show 
upon  their  face  that  any  particular  person  received  any  votes  whatsoever, 
and  which  do  not  contain  a  statement  of  the  number  of  general  ballots 
protested  as  "  marked  for  identification."  {People  ex  rel.  Ranton  v.  City 
0f  Syracuse,  88  Hun,  203.) 

Where  it  does  not  clearly  appear  that  a  clerical  error  exists  in  the 
returns  of  a  canvass,  an  application  to  the  court  to  have  it  corrected  will 
be  refused.     {In  re  Election  of  Alderman  of  First  Ward,  City  of  Buffalo,  49 

N    Y.  Supp.  241.)  .         ,  ,     •     1 

Inspectors  of  election  cannot  correct  any  other  than  clerical  errors 
in  the  return  of  a  canvass.  {In  re  Election  of  Alderman  of  First  Ward, 
of  City  of  Buffalo,  49  N.  Y.  Supp.  241.) 

§  133.  Correction  in  state  or  county  board  of  canvassers- 
statements. —  The  supreme  court  may,  upon  affidavit  pre- 
sented by  any  elector,  sliAwing  that  errors  have  occurred  in 


§  133  County  and  State  Board  of  Canvassers.  159 

any  statement  or  determination  made  by  the  state  board  of 
canvassers,  or  by  any  board  of  county  canvassers,  or  that  any 
such  board  has  failed  to  act  in  conformity  to  law,  make  an 
order  requiring  such  board  to  correct  such  errors,  or  perform 
its  duty  in  the  manner  prescribed  by  law,  or  show  cause  why 
such  correction  should  not  be  made  or  such  duty  performed. 
If  such  board  shall  fail  or  neglect  to  make  such  correction,  or 
perform  such  duty,  or  show  cause  as  aforesaid,  the  court  may 
compel  such  board,  by  writ  of  mandamus,  to  correct  such 
errors  or  perform  such  duty  ;  and  if  it  shall  have  made  its 
determination  and  dissolved,  to  reconvene  for  the  purpose  of 
making  such  corrections  or  performing  such  duty.  Such 
meeting  of  the  board  of  state  or  county  canvassers  shall  be 
deemed  a  continuation  of  its  regular  session,  for  the  purpose 
of  making  such  corrections,  or  otherwise  acting  as  the  court 
may  order,  and  the  statements  and  certificates  shall  be  made 
and  filed  as  the  court  shall  direct,  and  shall  stand  in  lieu  of 
the  original  certificates  and  statements  so  far  as  they  shall 
vary  therefrom,  and  shall  in  all  places  be  treated  with  the 
same  effect  as  if  such  corrected  statement  has  been  a  part  of 
the  original  required  by  law.  A  special  proceeding  authorized 
by  this  section  must  be  commenced  within  four  months  after 
the  statement  or  determination  in  which  it  is  claimed  errors 
have  occurred  was  made,  or  within  four  months  after  it  was 
the  duty  of  the  board  to  act  in  the  particular  or  particulars  as 
to  which  it  is  claimed  to  have  failed  to  perform  its  duty. 

A  zaandamus  will  not  lie  to  compel  the  board  of  county  canvassers  to 
canvass  the  returns  before  them  when  it  is  proven  to  the  court  that  such 
returns  are  illegal  because  of  a  violation  of  the  statute  by  the  inspectors 
in  receiving  and  counting  certain  votes.  {People  ex  re/.  Mttnro  v.  Board, 
129  N.  Y.  469.) 

A  mandamus  is  proper  directing  the  board  of  county  canvassers  not  to 
canvass  irregular  returns.  {People  ex  rel.  Russell  v.  Board,  46  Hun, 
390. 

This  section  in  effect  re-enacts  chapter  460  of  the  Laws  of  1880,  here- 
tofore repealed,  authorizing  the  supreme  court  in  proceedings  by  writ  of 
mandamus  to  correct  errors  in  the  determination  of  boards  of  county  can- 
vassers and  to  compel  them  to  reconvene  and  declare  a  truthful  result  of 
the  returns  before  them.  {People  v.  Canvassers,  64  How.  201,  367,  357, 
334 ;  Kutz  V.  Canvassers,  12  Abb.  N.  C.  84 ;  People  ex  rel.  Noyes  v.  Board, 
34  N.  Y.  St.  Repr.   8;  Matter  of  Noyes,  id.  12-7;  People  ex  rel.  Noyes  v. 


100  The  Election  Law  of  1896.  §  133 

Board,  126  N.  Y.  392).  But  see  People  v.  Supervisors  (12  Barb.  217),  hold- 
ing that  a  mandamus  will  not  lie  to  compel  the  board  of  canvassers  after 
it  has  performed  its  duties  and  has  adjourned  sine  die  to  reassemble  and 
correct  its  decision. 

The  Supreme  Court  at  Special  Term  cannot  issue  a  writ  of  peremp- 
tory mandamus  which  is  by  force  of  its  terms  and  commands,  in  effect,  an 
order  which  restrains  the  board  of  state  canvassers  engaged  in  the  per- 
formance of,  or  about  to  perform,  a  duty  imposed  by  the  statute.  (Code 
Civ.  Pro.  §  605  ;  People  ex  rel.  Derby  v.  Rice,  129  N.  Y.  461,) 

Where  an  official  board  acts  only  ministerially  the  court  has  a  clear 
right  to  direct  its  ministerial  action.  {Matter  of  Noyes,  43  N.  Y.  St.  Repr, 
127.) 

The  county  board  is  merely  an  administrative  body. — It  cannot  exer- 
cise the  high  judicial  function  of  passing  upon  the  constitutionality  of  a 
statute.  Nor  will  the  court  direct  the  board  to  do  what  they  have  no 
power  in  themselves  to  do,  but  must  confine  itself  to  correcting  errors  they 
may  have  made.     {Matter  of  Woods,  5  Misc.  Rep.  575.) 

For  the  settlement  of  contests  over  elections  courts  exist,  with  ade-» 
quate  powers  to  investigate  the  causes  of  complaints,  and  for  that  end  to 
take  proofs  and  to  judge  accordingly.  Boards  of  canvassers  have  no  such 
powers.     {People  ex  ret.  Derby  v.  Rice,  129  N.  Y.  461.) 

The  court  has  no  power  to  interfere  by  mandamus  with  the  canvassing 
of  returns  regular  upon  their  face  by  the  county  board  when  it  is  simply 
alleged  that  fraud  has  been  committed  in  the  counting  of  votes  by  the 
inspectors.  If  there  were  two  returns,  one  true  and  the  other  false,  the 
court  might  compel  the  board  to  canvass  the  true  one.  {People  ex  rel. 
Gregg  v.  Board,  54  Hun,  595.) 

Until  the  legal  presumption  is  overcome  that  state  officers  will  per- 
form their  statutory  duties,  a  peremptory  mandamus  will  not  lie.  {People 
ex  rel.  Derby  v.  Rice,  129  N.  Y.  461.) 

The  question  whether  fraud  has  been  committed  in  making  the  returns 
cannot  be  properly  tried  in  a  proceeding  to  compel  the  board  of  county 
canvassers  to  canvass  the  returns.  This  question  can  only  be  tried  in  a 
contest  before  the  proper  tribunal.  {People  ex  rel.  Hatzel  v.  Board,  58 
How.  141.) 

The  court  should  not  permit  to  be  canvassed  by  the  state  board  a 
return  containing  the  result  of  an  illegal  and  erroneous  canvass  by  the 
board  of  county  canvassers  in  excess  of  its  jurisdiction.  {People  ex  rel. 
Daley  v.  Rice,  129  N.  Y.  449.) 

The  public  has  an  interest,  quite  as  great,  perhaps,  as  an  individual 
candidate,  in  the  result  of  an  election,  and  any  citizen  has  the  right  to 
invoke  the  aid  of  the  court  in  compelling  boards  of  canvassers  to  perform 
their  official  duties.     {People  ex  rel.  Daley  v.  Rice,  129  N.  Y.  449.) 

A  peremptory  writ  of  mandamus  is  proper  to  compel  the  board  of 
canvassers  to  reject  a  second  return.  {People  ex  rel.  Fiske  v.  Devermann, 
83  Hun,  81.) 


§  134  County  and  State  Board  of  Canvassers.  i6i 

§  134.  Proceeding  of  state  board  of  canvassers  upon  cor- 
rected statements. —  When  a  new  or  corrected  statement  or 
certificate  made  by  a  board  of  county  canvassers,  under  the  pro- 
visions of  the  preceding  section,  shall  vary  from  the  original 
statement  or  certificate  with  reference  to  votes  for  the  offices  of 
governor,  lieutenant-governor,  judge  of  the  court  of  appeals, 
justice  of  the  supreme  court,  secretary   of  state,  comptroller, 
state  treasurer,  attorney-general,  state  engineer  and  surveyor, 
senator  or  representative  in   congress,   or  either  of  them,  the 
county  clerk,  or  other  officer  with  whom  the  same    is  filed, 
shall   forthwith  prepare  and  transmit  certified  copies  thereof 
to    the    officials    mentioned     in    section    one    hundred    and 
thirty-seven  of    this  act,    in    the  manner  therein  prescribed. 
The  secretary  of  state  shall  thereupon   file   in  his  office  the 
certified   statement    received  by  him,   and    obtain    from  the 
governor   and  comptroller  the  certified    statements   received 
by  them,  or  either  of  them,  and  file  the   same  in  his  ofifice. 
He  shall  then,  and  within  five  days  after  any  such  certified 
copy  of  statements  has    been    received    by  him,    appoint  a 
meeting  of  the  state  canvassers  to  be  held   at   his  office,  or 
the  office  of  the  state  treasurer  or  comptroller,  and  the  said 
board  of  state  canvassers  shall,  from  such  certified  copies  or 
statements,  proceed  to  make  a  new  statement  of  the  whole 
number  of  votes  given   at  the  election  referred   to   in  such 
statement  for  the  various  offices  above  mentioned,  or  either 
of  them,  so  far  as  the  number  of  votes  for  any  particular 
office  or  candidate  has  been   changed  by  such  new  or  cor- 
rected statements    in  the  manner  provided    by    section   one 
hundred  and  thirty-nine  of  this  act.     Upon  the  new  or  cor- 
rected   statement  thus   made,    the   said   board    of   state   can- 
vassers  shall    then   proceed  to  determine   and    declare   what 
person  or  persons  whose  votes  are  affected  by  such  new  or 
corrected    statement  have   been,   by  the  greatest   number  of 
votes,  duly  elected  to  the  various  offices,  or  either  of  them, 
and    the    statement,    certificate    and    declaration    thereupon 
made  shall   stand  in  lieu  of  the  original  statement,  declara- 
tion and  certificate  so  far  as  the   latter   are  changed   by  the 
former.     The  supreme  court  shall,  upon  application  of  a  can- 
didate interested  in  the  result  of  such  new  or  corrected  state- 


i62  The  Election  Law  of  1896.  §  135 

ment,  or  of  any  elector  in  the  county  from  which  such  state- 
ment came,  and  upon  proof  by  affidavit  that  the  same  has 
been  made  and  filed  as  herein  provided,  and  that  the  state 
board  of  canvassers  has  neglected  or  refused  to  act  thereon 
within  the  time  above  prescribed,  require  said  board  to  act 
upon  such  new  or  corrected  statement,  and  canvass  the 
same  as  above  provided,  or  show  cause  why  it  should  not  do 
so;  and  in  the  event  of  the  failure  of  such  board  to  act  upon 
such  new  or  corrected  statement  and  canvass  the  same,  or 
show  cause  as  aforesaid,  the  court  may  compel  such  board  by 
writ  of  mandamus  to  act  upon  and  canvass  such  new  or  cor- 
rected statement,  and  make  a  statement,  certificate  and  decla- 
ration in  accordance  therewith  ;  and  if  the  state  board  of  can- 
vassers shall  have  made  a  determination,  and  adjourned  or 
dissolved  before  receiving  such  new  or  corrected  statement, 
the  court  may  compel  such  board  to  reconvene  for  the  purpose 
of  carrying  out  its  order  and  direction  ;  and  for  that  purpose 
the  meeting  of  said  board  shall  be  deemed  a  continuance  of 
its  regular  session.  The  state  board  of  canvassers  and  the 
secretary  of  state  shall  respectively  have  the  same  powers,  and 
discharge  the  same  duties  with  reference  to  statements  made 
under  this  section,  that  they  have  and  are  charged  with  under 
the  provisions  of  section  one  hundred  and  thirty-nine,  and  one 
hundred  and  forty,  of  this  act. 

§  135.  Statements  of  canvass  by  county  boards. — Upon 
the  completion  by  a  county  board  of  canvassers,  of  the  canvass  of 
votes  of  which  original  statements  of  canvass,  or  certified  copies 
thereof,  are  by  law  required  to  be  delivered  to  them,  by  the  boards 
of  officers  with  whom  the  same  may  have  been  filed  by  the 
inspectors  of  election,  they  shall  make  separate  statements  thereof 
as  follows: 

1.  One  statement  of  all  such  votes  cast  for  each  office  of  elector 
of  president  and  vice-president  of  the  United  States. 

2.  One  statement  of  all  such  votes  cast  for  each  state  office. 

3.  One  statemertt  of  all  such  votes  cast  for  each  office  of  repre- 
sentative in  congress,  except  that  the  board  of  canvassers  in  the 


§  135  County  and  State  Board  of  Canvassers.  163 

county  of  New  York  shall  not  make  a  statement  of  the  votes  cast 
in  any  election  district  in  said  county,  for  any  candidate  for  the 
office  of  assemblymen,  senator  or  representative  in  congress,  the 
candidates  for  which  were  also  voted  for  by  electors  in  election 
districts  in  any  county  not  within  The  City  of  New  York. 

4.  One  statement  as  to  all  such  votes  cast  upon  every  proposed 
constitutional  amendment  or  other  proposition  or  question  duly 
submitted  to  all  the  electors  of  the  state. 

5.  One  statement  as  to  all  the  votes  cast  for  all  and  each  of  the 
candidates  for  each  office  of  member  of  assembly  for  which  the 
electors  of  such  county  or  any  portion  thereof,  except  as  provided 
in  the  paragraphs  numbered  three  in  this  section,  were  entitled  to 
vote  at  such  election. 

6.  One  statement  as  to  all  the  votes  cast  for  each  county  office, 
and  office  of  school  commissioner,  for  which  the  electors  of  such 
county,  or  any  portion  thereof,  were  entitled  to  vote  at  such  elec- 
tion, and  to  be  canvassed  by  them. 

7.  One  statement  as  to  all  the  votes,  if  any,  so  cast  upon  any 
proposition  or  question  upon  which  only  the  electors  of  such 
county  were  entitled  to  vote  at  such  election. 

8.  In  the  counties  wholly  or  partly  within  The  City  of  New 
York,  the  respective  county  boards  shall  make  a  separate  state- 
ment as  to  the  votes,  if  any,  so  cast  upon  any  proposition  or  ques- 
tion upon  which  only  the  electors  of  such  city  were  entitled  to 
vote  at  such  election  in  such  county  or  portion  thereof.  Each 
such  statement  shall  set  forth,  in  words  written  out  at  length,  all 
such  votes  cast  for  all  the  candidates  for  each  such  office;  and  if 
any  such  office  was  to  be  filled  at  such  election  by  the  electors  of 
a  portion  only  of  such  county  all  the  votes  cast  for  all  the  candi- 
dates for  each  office  in  any  such  portion  of  the  county,  designat- 
ing by  its  proper  district  number  or  other  appropriate  designa- 
tion, the  names  of  each  such  candidate  and  the  number  of  votes 
so  cast  for  each,  the  whole  number  of  votes  so  cast  upon  any  pro- 
posed constitutional  amendment  or  other  proposition  or  question, 
and  of  all  the  votes  so  cast  in  favor  of  and  against  the  same 
respectively.  In  the  counties  wholly  or  partly  within  The  City  of 
New  York  the  respective  county  boards  shall  make  a  separate 


jg.  The  Election  Law  of  1S96.  §  135 

statement  of  the  votes  cast  for  all  the  city  offices  voted  for  by  the 
electors  of  such  city  or  any  portion  thereof,  within  such  counties. 
If,  upon  such  canvass,  in  any  original  statement  or  duly  certified 
copy  of  an  original  statement  of  the  result  of  the  canvass  of  the 
votes  of  any  election  district  in  such  county  or  city,  there  shall  be 
included  any  ballot  indorsed  by  the  inspectors  to  the  effect  that 
it  was  objected  to  as  marked  for  identification,  the  county  and 
city  boards  of  canvassers  shall  add  to  each  statement  in  which  the 
counting  of  any  such  ballot  or  any  portion  thereof  is  included,  a 
statement  of  the  whole  number  of  ballots  so  indorsed  and 
counted.  If,  upon  such  canvass,  in  any  original  statement  or 
duly  certified  copy  of  an  original  statement  of  the  result  of  the 
canvass  of  the  votes  of  any  election  district  there  shall  be  included 
any  ballot  indorsed  by  the  inspectors  to  the  effect  that  it  was 
rejected  as  void,  the  county  and  city  boards  of  canvassers  shall 
add  to  each  statement,  a  statement  of  the  whole  number  of  bal- 
lots so  indorsed.  The  statements  required  by  this  section  shall 
each  be  certified  as  correct  over  the  signatures  of  the  members  of 
the  board,  or  a  majority  of  them,  and  shall  be  filed  and  recorded 
in  the  office  of  the  county  clerk  of  such  county.  When  the  whole 
canvass  shall  be  completed,  the  original  statements  of  canvass 
and  certified  copies  used  thereat  shall  be  filed  in  the  office  of  the 
secretary  of  the  board.  The  certified  copies  of  such  original 
statement  of  canvass  not  used  at  the  canvass  and  the  sealed 
packages  of  void  and  protested  ballots  shall  be  retained  in  the 
office  in  which  or  by  the  officer  with  whom  they  were  filed. 
The  sealed  packages  of  void  and  protested  ballots  shall  be  retained 
inviolate  in  the  office  in  which  they  are  filed  subject  to  the  order 
and  examination  of  a  court  of  competent  jurisdiction  and  may  be 
destroyed  at  the  end  of  six  months  from  the  time  of  the  comple- 
tion of  such  canvass,  unless  otherwise  ordered  by  a  court  of  com- 
petent jurisdiction.     (Thus  amended  by  chap.  379,  L.  1897.) 

The  statements  of  the  county  boards  cannot  lawfully  contain  any- 
thing save  the  whole  number  of  votes  given  in  each  town  and  district, 
the  names  of  the  candidates  and  the  number  of  votes  given  to  each. 
(People  ex  rel.  Derby  v.  Rice,  129  N.  Y.  461.) 


' 


§   i^f)      County  and   State  Board  of  Canvassers.  165 

It  was  held  in  Peflf>lc  ex  rcl.  Daley  v.  Rice  ("129  N.  Y.  449)  tliat  where 
the  county  clerk,  acting  as  secretary  to  the  board  of  county  canvassers, 
refused  to  sign  and  attest  the  statements  of  canvass  prepared  by  them, 
one  of  their  number  could  be  appointed  by  the  board  to  perform  such 
acts.  But  it  should  be  noticed  that  the  present  law  does  not  require  the 
county  clerk  to  sign  the  statements.  The  signatures  of  a  majority  of  the 
board  of  canvassers  only  is  necessary. 

Congressional  election — Under  the  above  section  the  court  may  order 
an  inspection  of  the  void  and  protested  ballots  for  congressmen,  before  a 
proceeding  instituted  to  determine  the  question  as  to  the  legality  of  the 
rejection  of  the  liallots,  and  before  a  formal  congressional  contest.  {Mat- 
ter of  Van  Cott,  34  Misc.  411  ;  69  N.  Y.  Supp.  934.) 

Separate  return  of  votes  cast  for  candidates  of  political  party The 

court  cannot  compel  a  county  board  of  canvassers  to  make  its  return  so  as 
to  show  separately  the  number  of  votes  cast  for  the  office  of  governor  in 
the  column  and  under  the  emblem  of  a  political  party  whose  candidate 
for  the  office  of  governor  was  the  same  as  that  of  another  political  party 
in  order  that  it  may  appear  from  the  returns  filed  in  the  office  of  the  secre- 
tary of  state  whether  or  not  such  political  party  polled  the  required  num- 
ber of  votes  for  state  officers  to  entitle  it  to  make  its  nominations  by  con- 
vention during  the  next  year.  There  is  no  provision  in  the  statute 
authorizing  such  a  separate  return.  {People  ex  rel.  Boies  v.  Board  of 
Canvassers,  79  App.  Div.  514,  80  N.  Y.  Supp.  25.) 

§  136.  Decisions  of  county  board  as  to  persons  elected. —  Upon 
the  completion  of  the  statements  required  by  section  one  hun- 
dred and  thirty-five  of  this  act  the  board  of  canvassers  for  each 
county  shall  determine  what  person  has  by  the  greatest  num- 
ber of  votes  been  so  elected  to  each  office  of  member  of  as- 
sembly to  be  filled  by  the  electors  of  each  county  for  which  they 
are  county  canvassers  if  constituting  one  assembly  district,  or 
in  each  assembly  district  therein,  if  there  be  more  than  one,  and 
each  person  elected  by  the  greatest  number  of  votes  to  each 
county  office  of  such  county  to  be  filled  at  such  election,  and  if 
there  be  more  than  one  school  commissioner  district  in  such 
county,  each  person  elected  by  the  greatest  number  of  votes  to 
the  office  of  school  commissioner  to  be  filled  at  such  election  in 
each  such  district.  The  county  clerk  of  the  county  of  Hamilton 
shall  forthwith  transmit  to  the  county  clerk  of  the  county  of  Ful- 
ton, a  certified  copy  of  the  statement  so  filed  and  record  it  in  his 
office,  of  the  county  board  of  canvassers  of  Hamilton  county,  as 
to  all  the  votes  so  cast  in  Hamilton  county  for  all  the  candidates 
and  for  each  of  the  candidates  for  the  office  of  member  of  assem- 
bly of  the  assembly  district  composed  of  Fulton  and  Hamilton 
counties ;  and  the  county  clerk  of  Fulton  county  shall  forthwith 
deliver  the  same  to  the  Fulton  county  board  of  canvassers,  who 
shall  from  such  certified  copy,  and  from  their  own  statement  as 
to  the  votes  so  cast  for  such  office  in  Fulton  county,  determine 
what  person  was  at  such  election,  elected  by  the  greatest  number 
of  votes  to  such  office.  Such  board  of  each  county  shall  deter- 
mine whether  any  proposition  or  question  submitted  to  the  elect- 
ors of  such  county  only,  has  by  the  greatest  number  of  votes  been 
adopted  or  rejected.  All  such  determinations  shall  be  reduced  to 
writing,  and  signed  by  the  members  of  such  boTrd,  or  a  majority 
of  them,  and  filed  and  recorded  in  the  office  of  the  countv  clerk  of 


i66  The  Election  Law  of  1896.  §  137 

such  county,  except  in  the  county  of  Erie  and  in  the  county  of 
Erie  in  the  oftice  of  the  commissioner  of  elections,  who  shall  each 
cause  a  copy  thereof,  and  of  the  statements  filed  and  recorded  in 
liis  ofifice,  upon  which  such  determination  was  based,  to  be  pub- 
lished in  accordance  with  the  provisions  of  sections  twenty-one 
and  twenty-two  of  the  county  law.  The  clerk  of  each  county, 
except  the  county  of  Erie,  and  in  the  county  of  Erie  the  commis- 
sioner of  elections,  shall  prepare  as  many  certified  copies  of  each 
certificate  of  the  determination  of  the  county  board  of  canvassers 
of  such  county  as  there  are  persons  declared  elected  in  such  cer- 
tificate, and  shall,  without  delay,  transmit  such  copies  to  the  per- 
sons therein  declared  to  be  elected,  respectively.  (Thus  amended 
by  chap.  379,  L.  1897,  and  chap.  643,  L.  1905,  in  effect  May  26, 

1905-) 

Canvass  of  votes  cast  for  persons  of  similar  names.  A  board  of  county 
canvassers  cannot  determine  that  the  votes  cast  for  several  somewhat 
similar  names  were  all  intended  for  the  same  person,  and  from  the  result 
thus  reached  issue  a  certificate  of  election  to  him,  but  they  should  certify 
separately  the  separate  names  and  issue  the  certificate  of  election  to  the 
one  entitled  thereto  on  the  face  of  the  return.  {People  ex  rcl.  Kathan  v. 
County  Board  of  Canvassers,  75  App.  Div.  no;  77  N.  Y.  Supp.  620.) 

§  137.  Transmission  of  statements  of  county  boards  to  secretary 
of  state  and  board  of  elections. —  Upon  the  filing  in  the  office  of 
the  county  clerk  or  commissioner  of  elections,  of  a  statement  of 
the  county  board  of  canvassers  as  to  the  votes  cast  for  candidates 
for  the  offices  of  electors  of  president  and  vice-president,  or  as  to 
the  votes  cast  for  candidates  for  state  officers,  except  member  of 
assembly  and  for  representatives  in  congress,  or  as  to  the  votes 
cast  on  any  proposed  constitutional  amendment  or  other  propo- 
sition or  question  submitted  to  all  the  electors  of  the  state,  such 
county  clerk  or  commissioner  of  elections,  shall  forthwith  make 
three  certified  copies  of  each  such  statement,  and,  within  five  days 
after  the  filing  thereof  in  his  office,  transmit  by  mail  one  of  such 
copies  to  the  secretary  of  state,  one  to  the  governor  and  one  to 
the  comptroller  of  the  state.  The  governor  and  comptroller  shall 
forthwith  upon  the  receipt  thereof  by  them  deliver  such  certified 
copies  to  the  secretary  of  state.  If  any  certified  copy  shall  not  be 
received  by  the  secretary  of  state  on  or  before  the  last  day  of 
November  next  after  a  general  election,  or  within  twenty  days 
after  a  special  election,  he  shall  dispatch  a  special  messenger  to 
obtain  such  certified  copy  from  the  county  clerk  or  commissioner 
of  elections  required  to  transmit  the  same,  and  such  county  clerk 
or  commissioner  of  elections,  shall  immediately  upon  demand  of 
such  messenger  at  his  office  make  and  deliver  such  a  certified 
copy  to  such  messenger  who  shall,  as  soon  as  practicable, 
deliver  it  to  the  secretary  of  state.  The  county  clerk  of  each 
county,  except  in  the  county  of  Erie,  and  in  the  coimty  of  Erie 
the  commissioner  of  elections,  shall  transmit  to  the  secretary 
of  state,  within  twenty  days  after  a  general  election,  and  within 
ten  days  after  a  special  election,  a  list  of  the  name  and  resi- 


§  138        County  and  State  Board  of  Canvassers.  167 

dence  of  each  person  determined  by  the  board  of  county  can- 
vassers of  such  county  to  be  elected  member  of  assembly,  school 
commissioner,  and  to  any  county  office;  and  on  or  before  the 
fifteenth  day  of  December  in  each  year  a  certified  tabulated  state- 
ment of  the  official  canvass  of  the  votes  cast  in  each  such  county  by 
election  districts  at  the  last  preceding-  general  election.  The  sec- 
retary of  state  shall  obtain  from  the  governor  and  comptroller  such 
certified  copies  so  transmitted  to  them  and  file  the  same  in  his 
office.  Upon  the  filing  in  the  office  of  the  county  clerk  of  a 
county  wholly  or  partly  within  the  city  of  New  York  of  a  state- 
ment of  the  county  board  of  canvassers  as  to  the  votes  cast  for  can- 
didates for  a  city  office  within  such  city  such  county  clerk  shall 
forthwith  make  a  certified  copy  of  each  such  statement  and,  within 
five  days  after  the  filing  thereof  in  his  office,  deliver  in  a  sealed 
envelope  such  certified  copy  to  the  board  of  elections  of  the  city  of 
New  York ;  on  or  before  th.e  fifteenth  day  of  December  in  any  year 
in  which  there  shall  have  been  an  election  for  a  city  office  for 
which  votes  were  cast  in  a  county  within  the  city  of  New  York 
the  county  clerk  thereof  shall  file  with  the  city  clerk  of  such  city 
a  certified  copy  of  the  official  canvass  of  the  votes  cast  in  such 
county  or  portion  thereof  by  election  districts  for  such  city  office 
and  such  canvass  by  election  districts  shall,  as  soon  as  possible 
thereafter,  be  published  in  the  City  Record.  (Thus  amended  by 
chap.  95,  L.  1901,  a)id  chap.  643,  L.  1905,  /;/  effect  May  26,  1905.) 

If  the  county  clerk  fails  or  refuses  to  send  certified  copies  of  the 

statements  of  county  boards  to  the  secretary  of  state  and  other  state 
officers  the  county  board  may  cause  statements  attested  by  one  of  their 
number  acting  as  secretary  pro  tempore  to  be  transmitted,  and  such  state- 
ments shall  be  filed  and  considered  by  the  board  of  state  canvassers  as 
the  properly  certified  result  of  the  canvass  of  the  board  of  county  can- 
vassers.    (People  ex  rcl.  Daley  v.  Rice,  129  N.  Y.  449.) 

§  138.  Organization  and  duties  of  board  of  canvassers  of 
the  city  of  New  York. — The  board  of  elections  of  The  City 
of  New  York  shall  be  the  board  of  canvassers  of  The  City  of  New 
.York  of  the  statements  of  the  county  board  of  canvassers  of  the 
counties  within  such  city  of  the  votes  cast  in  such  city  or  any  por- 
tion thereof  for  a  city  office  or  upon  any  proposition  or  question 
upon  which  only  electors  of  such  city  were  entitled  to  vote.  The 
members  of  the  board  of  elections  shall  meet  at  the  usual  place  for 
holding  their  regular  meeting  of  such  body  on  the  first  Monday 
in  December  succeeding  a  general  election  for  a  city  office  within 
such  city  and  within  thirty  days  after  such  special  election  and 
shall  organize  by  selecting  one  of  the  members  as  chairman. 
The  secretary  of  the  board  of  elections  of  The  City  of  New 
York  shall  be  the  secretary  of  such  board  or  if  he  be  unable 


i68  The  Election  L.\\v  of  1896.  §  138 

to  serve  the  board  may  appoint  a  chief  clerk  to  be  the  secretary  of 
such  board.  The  secretary  shall  thereupon  administer  to  the 
chairman  the  constitutional  oath  of  ofifice  and  the  chairman  shall 
administer  such  oath  to  the  members  of  such  board  and  the  sec- 
retary thereof.  As  soon  as  such  board  shall  have  organized  the 
secretary  shall  deliver  to  such  board  the  certified  copies  of  the 
statements  of  the  county  boards  of  canvassers  of  each  county 
wholly  or  partly  within  such  city  of  the  votes  cast  for  candidates 
for  city  oftlce  within  such  city  and  upon  any  proposition  or  ques- 
tion, if  any  submitted,  to  the  electors  of  such  city  only  and  the  said 
board  shall  proced  to  canvass  such  statements.  If  a  certified  copy 
of  any  statement  of  any  county  board  required  to  be  delivered  to 
said  board  shall  not  be  delivered  prior  to  the  meeting  and  organ- 
ization of  said  board,  it  may  adjourn  such  meeting  from  day  to 
day  not  exceeding  a  term  of  five  days  and  it  shall  be  the  duty  of 
the  secretary  to  procure  from  the  county  clerk  of  such  county  the 
required  certified  copy  of  such  statement.  Upon  the  completion 
of  such  canvass  said  board  shall  make  separate  tabulated  state- 
ments signed  by  the  members  of  such  board  or  a  majority  thereof, 
and  attested  by  the  secretary,  of  the  whole  number  of  votes  cast 
for  all  the  candidates  for  each  ofifice  shown  by  such  certified  state- 
ments to  have  been  voted  for  and  of  the  whole  number  of  votes 
cast  for  each  of  such  candidates,  indicating  the  number  of  votes 
cast  in  each  county  for  them,  and  if  the  voters  of  not  more  than 
one  county  or  portion  of  such  county  were  entitled  to  vote  for  such 
candidates,  the  name  and  portion  of  such  county  and  the  name 
of  each  candidate,  and  the  determination  of  the  board  of  the  per- 
sons thereby  elected  to  such  office  by  the  greatest  number  of  votes. 
The  said  board  shall  also  make  a  separate  similar  tabulated  state- 
ment of  the  votes  cast  upon  any  proposition  or  question  sub- 
mitted at  the  election  to  the  electors  of  such  city  only  and  shall 
include  a  determination  as  to  whether  such  proposition  or  ques- 
tion by  the  greatest  number  of  votes  has  been  adopted  or  rejected. 
Each  such  statement  and  determination  shall  be  filed  and  recorded 
in  the  ofifice  of  the  board  of  elections  and  the  said  board  shall  cause 
the  publication  of  the  same  in  at  least  two  newspapers  within  each 
borough  of  such  city  and  in  the  City  Record.  Upon  the  filing 
in  the  office  of  the  board  of  elections  of  such  statements  and  deter- 
mination the  president  of  the  board  of  elections  shall  issue  and 
transmit  by  mail  or  otherwise  a  certificate  of  election  to  each  per- 
son shown  thereby  to  be  elected,  such  certificate  to  be  counter- 
signed by  the  members  of  the  board  of  elections  of  The  City  of 
New  York  under  the  seal  of  The  City  of  New  York.  (Thus 
amended  by  chap,  95,  L.  1901.) 


§§  138,  139     County  and  State  Board  of  Canvassers.  169 

The  duties  of  the  coxinty  clerk  are  pvirely  ministeriaL — He,  acting  as 
secretary  to  the  board  of  county  canvassers,  cannot  sit  in  judgment  upon 
the  action  of  that  body.  The  statements  which  the  board  actually  makes 
it  is  the  duty  of  the  secretary  to  attest,  and  the  law  casts  upon  him 
neither  the  obligation  nor  the  responsibility  of  seeing  that  the  board  has 
discharged  its  duty  in  a  manner  consistent  with  his  views  of  the  law. 
{People  ex  rel.  Daley  v.  Rice,  129  N.  Y.  449.) 

The  board  of  canvassers  have  no  power  to  reject  any  vote  that  comes 
to  it  certified  in  due  form  by  the  inspectors  of  election.  {In  re  Election 
of  Alderman  of  First  Ward,  City  of  Buffalo,  49  N.  Y.  Supp.  241.) 

Where  the  votes  cast  for  the  office  of  alderman  in  an  aldermanic 
district  of  the  city  of  New  York  have  been  canvassed  by  the  board  of  elec- 
tions in  accordance  with  an  order  of  the  Supreme  Court,  directing  it  to 
count  certain  ballots  which  had  been  rejected  as  void,  such  canvass,  when 
completed  finally,  determines  the  question  as  to  what  ballots  should,  and 
what  ballots  should  not,  be  counted  for  such  office,  subject  to  a  review  of 
the  court  in  a  proper  action  brought  to  determine  the  title  to  the  office  of 
the  candidate  declared  elected.  When  such  board  has  issued  its  certifi- 
cate of  election  to  the  person  entitled  thereto,  such  person's  right  to  the 
office  cannot  be  questioned  by  the  board  of  aldermen.  (People  ex  rel.  Kru- 
lish  v.  Forncs,  79  App.  Div.  618.) 

§  139.  Organization  of  state  board  of  canvassers. —  The  sec- 
retary of  state,  attorney-general,  comptroller,  state  engineer  and 
surveyor,  and  treasurer,  shall  constitute  the  state  board  of  can- 
vassers, three  of  whom  shall  be  a  quorum.  If  three  of  such 
officers  shall  not  attend  on  a  day  duly  appointed  for  a  meeting 
of  the  board,  the  secretary  of  state  shall  forthwith  notify  the 
mayor  and  recorder  of  the  city  of  Albany  to  attend  such  meet- 
ing', and  they  shall  forthwith  attend  accordingly,  and  shall,  with 
the  other  such  officers  attending,  constitute  such  board.  The 
secretary  of  state  shall  appoint  a  meeting  of  such  board  at  his 
office,  or  at  the  office  of  the  treasurer  or  comptroller  on  or  before 
the  fifteenth  day  of  December  next  after  each  general  election, 
and  wi'diin  forty  days  after  each  special  election,  to  canvass  the 
statement  of  boards  of  county  canvassers  of  such  election.  He 
shall  notify  each  member  of  the  board  of  such  meeting.  The 
board  may  adjourn  such  meeting  from  day  to  day,  not  exceeding 
a  term  of  five  days. 

§  140.  Canvass  by  state  board. —  Such  board  shall  at  such 
meeting  proceed  to  canvass  the  certified  copies  of  the  state- 
ments of  the  county  board  of  canvassers  of  each  county  in 
which  such  election  was  held.  If  any  member  of  such  board 
shall  dissent  from  a  decision  of  the  board,  or  shall  deem  any 
of  the  acts  or  proceedings  of  the  board  to  be  irregular,  and 
shall  protest  against  the  same,  he  shall  state  such  dissent  or 
protest  in  writing  signed  by  him,  setting  forth  his  reasons 
therefor,  and  deliver  it  to  the  secretary  of  state,  who  shall  file 
it  in  his  office.  Upon  the  completion  of  such  canvass,  such 
board  shall  make  separate  tabulated  statements  signed  by  the 
members  of  such  board,  or  a  majority  thereof,  of  the  whole 
number    of    votes    cast    for    all    the    candidates    for    each    office 

shown  by  such  certified  copies  to  have  been  voted  for,  and  of 
the   whole  number  of  votes   cast   for  each   of  such   candidates, 

indicating   the   number   of   votes   cast   in   each   county  therefor, 


170  The  Election  Law  of  1896.  §  140 

and  if  the  voters  of  not  more  than  one  district  of  the  state 
were  entitled  to  vote  for  such  candidates  therefor,  the  name 
and  number  of  such  district,  and  the  name  of  each  candidate 
and  the  determination  of  the  board  of  the  persons  thereby 
elected  to  such  office ;  the  whole  number  of  votes  shown  by 
such  certified  copies  to  have  been  cast  upon  each  proposed 
constitutional  amendment  or  other  proposition  or  question 
shown  by  such  copies  to  have  been  voted  upon,  the  whole 
number  of  votes  cast  in  favor  of  and  against  each,  respec- 
tively, and  the  determination  of  the  board  as  to  whether  it 
was  adopted  or  rejected.  Each  such  statement,  dissent  and 
protest,  shall  be  delivered  to  the  secretary  of  state,  and 
recorded  in  his  office. 

The  state  board  cannot  inquire  into  the  manner  of  making  the  county 
board's  return.     (^People  ex  rel.  Daley  v.  Rice,  129  N.  Y.  449.) 

The  legislature  has  not  clothed  either  the  state  officers  or  the  subor- 
dinate boards  of  inspectors,  with  power  to  hear  and  determine,  by  the 
means  of  evidence  aliunde  the  return,  the  intention  of  the  voters.  {Peopli 
V.  Cook,  8  N.  Y.  67.) 

The  office  of  the  state  board  of  canvassers  is  purely  ministeriaL-^ 
There  is  no  latitude  afforded  by  the  law  for  any  determination  by  such 
board  outside  of  the  official  returns  which  the  statute  prescribes  as  the 
duty  of  the  county  canvassers  to  make  and  file.  {People  ex  rel.  Derby  v. 
Rice,  129  N.  Y.  461  ;  People  ex  rel.  Sherwood  v.  Board,  id.  360.) 

The  state  board  cannot  consider  in  making  its  canvass  other  papers 
or  affidavits  than  the  returns  regularly  laid  before  them  by  the  county 
boards.  But  a  mandamus  will  not  issue  to  compel  the  secretary  of  state 
to  refrain  from  placing  before  them  such  other  papers  or  to  compel  him 
to  return  them  to  the  county  canvassers.  {People  ex  rel.  Sherwood  v. 
Rice,  129  N.  Y.  391.) 

The  state  board  cannot  inquire  into  the  eligibility  of  a  candidate 
who  has  received  votes  for  an  office  as  shown  upon  the  returns  before 
them.  But  a  mandamus  will  not  issue  to  compel  them  to  deliver  a  cer- 
tificate of  election  to  such  a  person  if  it  clearly  appear  to  the  court  that  he 
is  ineligible.     {People  ex  rel.  Sherwood  \.  Board,  129  N.  Y.  360.) 

§  141.  Certificates  of  election. —  The  secretary  of  state  shall 
thereupon  forthwith  transmit  a  copy,  certified  by  his  signature 
and  official  seal,  of  each  such  statement  as  to  votes  cast  for 
candidates  for  any  office,  to  the  person  shown  thereby  to  have 
been  elected  thereto.  He  shall  prepare  a  general  certificate, 
under  the  seal  of  this  state,  and  attested  by  him  as  secretary 
thereof,    addressed    to    the    house    of  representatives   of  the 


I  141  CoTJNTv  AND  State  Board  of  Canvassers.  171 

United  States,  in  that  congress  for  which  any  person  shall 
have  been  chosen,  of  a  due  election  of  the  person  so  chosen 
at  each  election  as  representative  of  this  state  in  congress ; 
and  shall  transmit  the  same  to  the  house  of  representatives  at 
their  first  meeting.  If  either  of  the  persons  so  chosen  at  such 
election  shall  have  been  elected  to  supply  a  vacancy  in  the 
oflfice  of  representative  in  congress,  it  shall  be  mentioned 
by  the  secretary  of  state  in  the  statements  to  be  prepared  by 
him. 

§  142.  Record  in  office  of  secretary  of  state  of  county 
officers  elected. —  The  secretary  of  state  shall  enter  in  a  book 
to  be  kept  in  his  office  the  names  of  the  respective  county 
officers  elected  in  this  state,  including  school  commissioners, 
specifying  the  counties  and  districts  for  which  they  were 
severally  elected,  and  their  places  of  residence,  the  offices 
to  which  they  were  respectively  elected,  and  the  terras  of 
office. 


iy2 


The  Election  Law  of  1896.  §  160 


♦  ABTICLE    VII. 

Voting  Machines. 

Section  160.  State  voting  machine  commissioners.  ^ 

161.  Examination  of  voting  machine. 

162.  Requirements  of  voting  machine. 

163.  Adoption  of  voting  machine. 

164.  Experimental  use  of  voting  machine. 

165.  Providing  machines. 

166.  Payment  for  machines. 

167.  Form  of  ballots. 

168.  Sample  ballots. 

169.  Number  of  ofTicial  ballots. 

170.  Distribution  of  ballots  and  stationery. 

171.  Tally  sheets. 

172.  Unofficial  ballots. 

173-  Opening  the  polls;  independent  ballots. 

174.  Location  of  machines;  g^uard  rail. 

175.  Manner  of  voting. 

176.  Instructing  voter. 

177.  Disabled  voters. 

178.  Canvass  of  vote  and  proclamation  of  result. 

179.  Disposition    of    independent    ballots;    and    preserving    the 

record  of  the  machine. 

180.  Application  of  other  articles  and  penal  code. 

181.  When  ballot  clerks  not  to  be  elected. 

182.  Number  of  voters  in  election  districts. 

183.  Definitions. 

184.  Repeal  of  Laws. 

§  160.  State  voting  machine  commissioners. — The  com- 
missioners appointed  under  chapter  four  hundred  and  fifty  of  the 
laws  of  eighteen  hundred  and  ninety-seven  are  continued  in  office 
until  and  including  December  thirty-first,  nineteen  hundred  and 
two,  and  shall  be  known  as  voting  machine  commissioners.  Their 
successors  shall  be  appointed  for  a  full  term  of  five  years.  Vacan- 
cies shall  be  filled  by  the  governor  for  the  remainder  of  the  unex- 
pired term,  and  all  terms  shall  expire  on  the  thirty-first  day  of 
December.  Any  commissioner  now  in  office  or  hereafter 
appointed  may  be  removed  at  the  pleasure  of  the  governor.  No 
voting  machine  commissioner  shall  have  any  pecuniary  interest 

•  Added  by  chap.  466,  Law3  1899. 


§§  i6i,  162  Voting  Machines.  173 

m  any  voting  machine.  There  shall  be  three  such  commission- 
ers, who  shall  constitute  a  board  to  be  known  as  the  state  board 
of  voting  machine  commissioners.  One  of  such  commissioners 
shall  be  an  expert  in  patent  law  and  two  shall  be  mechanical 
experts. 

§  161.  Examination  of  voting  machines. — Any  person  or 
corporation  owning  or  being  interested  in  any  voting  machine 
may  apply  to  the  state  board  of  voting  machine  commissioners  to 
examine  such  machine  and  report  on  its  accuracy,  efficiency  and 
capacity  to  register  the  will  of  voters.  The  commissioners  shall 
examine  the  machine  and  report  accordingly.  Their  report  shall 
be  filed  in  the  office  of  the  secretary  of  state  and  shall  state 
whether  in  their  opinion  the  kind  of  machine  so  examined  can  be 
safely  used  by  such  voters  at  elections,  under  the  conditions  pre- 
scribed in  this  article.  If  the  report  states  that  the  machine  can 
be  so  used,  it  shall  be  deemed  approved  by  the  commissioners 
and  machines  of  its  kind  may  be  adopted  for  use  at  elections  as 
herein  provided.  When  the  machine  has  been  so  approved,  any 
improvement  or  change  that  does  not  impair  its  accuracy,  effi- 
ciency or  capacity  shall  not  render  necessary  a  re-examination  or 
reapproval  thereof.  Any  form  of  voting  machine  not  so  ap- 
proved, or  which  has  not  been  heretofore  examined  by  said  com- 
missioners and  reported  on  pursuant  to  law,  and  its  use  specifically 
authorized  by  law,  cannot  be  used  at  any  election.  Each  com- 
missioner is  entitled  to  one  hundred  and  fifty  dollars  for  his  com- 
pensation and  expenses  in  making  such  examination  and  report, 
to  be  paid  by  the  person  or  corporation  applying  for  such  exami- 
nation.    {Thus  amended  by  chap.  530,  L.  1901.) 

§  162.  Requirements  of  voting  machine. — A  voting  machine 
approved  by  the  state  board  of  voting  machine  commissioners 
may  be  so  constructed  as  to  provide  facilities  for  voting  for  the 
candidates  of  at  least  seven  different  parties  or  organizations.  It 
must  be  provided  with  a  single  straight  ticket  device  for  each  of 
said  parties,  by  the  use  of  which  a  voter  may  vote  for  all  the  candi- 
dates of  that  party,  and  must  permit  a  voter  to  vote  for  any  person 
for  any  office,  whether  or  not  nominated  as  a  candidate  by  any 
party  or  organization,  and  must  permit  voting  in  absolute  secrecy. 
Such  machine  shall  also  be  so  constructed  that  a  voter  cannot  vote 
for  a  candidate  or  on  a  proposition  for  whom  or  on  which  he  is 
not  lawfully  entitled  to  vote.  It  must  also  be  so  constructed  as 
to  prohibit  voting  for  more  than  one  person  for  the  same  office, 
except  where  a  voter  is  lawfully  entitled  to  vote  for  more  than  one 


174  The  Election  L.-kvv  of  1896.  §§  163-165 

person  for  that  office,  and  it  must  afford  him  an  opportunity  to 
vote  for  as  many  persons  for  that  office  as  he  is  by  law  entitled 
to  vote  for  and  no  more,  at  the  same  time  prohibiting  his  voting 
tor  the  same  person  twice,  it  must  be  provided  with  a  lock  or 
locks,  by  the  use  of  which  immediately  after  the  polls  are  closed 
or  the  operation  of  such  machine  for  such  election  is  completed 
any  movement  of  the  voting  or  registering  mechanism  is  abso- 
lutely prohibited.  It  may  also  be  provided  with  one  ballot  in  each 
party  column  or  row  containing  only  the  words  "  presidential 
electors  "  preceded  by  the  party  name,  and  a  vote  for  such  ballot 
shall  operate  as  a  vote  for  all  the  candidates  of  such  party  for 
presidential  electors,  and  shall  be  counted  as  such.  (Thus 
amended  by  chap.  530,  L.  1901.) 

§  163.  Adoption  of  voting  machine. — The  board  of  elec- 
tions of  the  city  of  New  York,  the  common  council  of  any  other 
city,  the  town  board  of  any  town,  or  the  board  of  trustees  of  any 
village  may  adopt  for  use  at  elections  any  kind  of  voting  machine 
approved  by  the  state  board  of  voting  machine  commissioners, 
or  the  use  of  which  has  been  specifically  authorized  by  law;  and 
thereupon  such  voting  machine  may  be  used  at  any  or  all  elec- 
tions held  in  such  city,  town  or  village,  or  in  any  part  thereof, 
for  voting,  registering  and  counting  votes  cast  at  such  elections. 
Different  voting  machines  may  be  adopted  for  different  districts 
in  the  same  city,  town  or  village.  {Thus  amended  by  chap.  530,  L. 
1901.) 

§  164.  Experimental  use  of  voting  machine. — The  authori- 
ties of  a  city,  town  or  village  authorized  by  the  last  section  to 
adopt  a  voting  machine  may  provide  for  the  experimental  use, 
at  an  election  in  one  or  more  districts,  of  a  machine  which  it 
might  lawfully  adopt,  without  a  formal  adoption  thereof;  and 
its  use  at  such  elections  shall  be  as  valid  for  all  purposes  as  if  it 
had  been  lawfully  adopted. 

§  165.  Providing  machines. — The  local  authorities  adopting 
a  voting  machine  shall,  as  soon  as  practicable  thereafter,  provide 
for  each  polling  place  one  or  more  voting  machines  in  complete 
working  order,  and  shall  thereafter  preserve  and  keep  them  in 
repair,  and  shall  have  the  custody  thereof  and  of  the  furniture 
and  equipment  of  the  polling  place  when  not  in  use  at  an  elec- 
tion. If  it  shall  be  impracticable  to  supply  each  and  every  election 
district  with  a  voting  machine  or  voting  machines  at  any  election 
following  such  adoption,  as  many  may  be  supplied  as  it  is  prac- 
ticable to  procure,  and  the  same  may  be  used  in  such  election 
district  or  districts  within  the  city,  town  or  village  as  the  officers 
adopting  the  same  may  direct. 


§§  166-170  Voting  Machines.  175 

§  166.  Payment  for  machines. — Tlie  local  authorities,  on 
the  adoption  and  purchase  of  a  voting  machine,  may  provide  for 
the  payment  therefor  in  such  manner  as  they  may  deem  for  the 
best  interest  of  the  locaHty  and  may  for  that  purpose  issue  bonds, 
certificates  of  indebtedness  or  other  obligations  which  shall  be 
a  charge  on  the  city,  town  or  village.  Such  bonds,  certificates  or 
other  obligations  may  be  issued  with  or  without  interest,  payable 
at  such  time  or  times  as  the  authorities  may  determine,  but  shall 
not  be  issued  or  sold  at  less  than  par. 

§  167.  Form  of  ballots. — All  ballots  shall  be  printed  in  black 
ink  on  clear,  white  material  of  such  size  as  will  fit  the  ballot 
frame,  and  in  plain,  clear  type  as  the  space  will  reasonably  per- 
mit. The  party  device  for  each  political  party  represented  on 
the  machine,  which  has  been  duly  adopted  by  such  party  in 
accordance  with  this  chapter,  and  the  party  name  or  other  desig- 
nation shall  be  prefixed  to  the  list  of  candidates  of  such  party. 
Each  party  list  may  be  further  distinguished  by  a  stripe  of  color 
below  the  party  device,  which  shall  be  adopted  in  the  same  man- 
ner as  the  party  emblems.  The  order  of  the  list  of  candidates  of 
the  several  parties  or  organizations  shall  be  arranged  as  provided 
by  this  chapter  for  blanket  ballots,  except  that  the  lists  may  be 
arranged  in  horizontal  rows  or  vertical  columns. 

§  168.  Sample  ballots.— The  officers  or  board  charged  with 
the  duty  of  providing  ballots  for  any  polling  place  shall  provide 
therefor  two  sample  ballots  which  shall  be  arranged  in  the  form 
of  a  diagram  showing  the  entire  front  of  the  voting  machine  as 
it  will  appear  after  the  ofificial  ballots  are  arranged  for  voting  on 
election  day.  Such  sample  ballots  shall  be  opened  to  public  in- 
spection at  such  polling  place  during  the  day  next  preceding 
election  day.    (Thus  amended  by  chap.  530,  L.  1901.) 

§  169.  Number  of  official  ballots. — Four  sets  of  ballots  shall 
be  provided  for  each  polling  place  for  each  election  for  use  in 
the  voting  machine. 

§  170.  Distribution  of  ballots  and  stationery. — The  ballots 
and  stationery  shall  be  delivered  to  the  board  of  inspectors  of 
each  election  district  before  ten  o'clock  in  the  forenoon  of  the 
day  next  preceding  the  election. 


176  The  Election  Law  of  1896.  §§  171-173 

§  171.  Tally  sheets. — Columns  numbered  two  and  three  and 
the  four  columns  at  the  right  of  the  tally  sheet  prescribed  by 
section  eighty-four  may  be  omitted  in  the  printed  blank  tally 
sheets  funiished  for  polling  places  at  which  a  voting  machine  is 
used.  The  blank  tally  sheets  and  return  shall  in  other  respects 
conform  substantially  to  the  requirements  of  this  chapter. 

§  172.  Unofficial  ballots. — If  the  ofBcial  ballots  for  an  elec- 
tion district  at  which  a  voting  machine  is  to  be  used,  required  to 
be  furnished  by  or  to  any  town,  or  city  clerk,  or  board,  shall  not 
be  delivered  at  the  time  required,  or  if  after  delivery  shall  be  lost, 
destroyed  or  stolen,  the  clerk  of  such  town  or  city,  or  such  board, 
or  the  election  inspectors  of  such  district,  shall  cause  other  ballots 
to  be  prepared,  printed  or  written,  as  nearly  in  the  form  of  the 
official  ballots  as  practicable,  and  the  inspectors  shall  cause  the 
ballots  so  substituted  to  be  used  at  the  election  in  the  same  man- 
ner, as  near  as  may  be,  as  the  official  ballot.  Such  ballots  so 
substituted  shall  be  known  as  unofficial  ballots. 

§173.  Opening  the  polls;  independent  ballots. — The  in- 
spectors of  election  and  poll  clerks  of  each  district  shall  meet  at 
the  polling  place  therein,  at  least  three  quarters  of  an  hour  before 
the  time  set  for  the  opening  of  the  polls  at  each  election,  and 
shall  proceed  to  arrange  within  the  guard  rail  the  furniture,  sta- 
tionery and  voting  machine  for  the  conduct  of  the  election.  The 
inspectors  of  election  shall  then  and  there  have  the  voting 
machine,  ballots  and  stati  ery  required  to  be  delivered  to  them 
for  such  election:  and  if  it  be  an  election  at  which  registered 
voters  only  can  vote,  the  registry  of  such  electors  required  to  be 
made  and  kept  therefor.  The  inspectors  shall  thereupon  cause  at 
least  two  instruction  cards,  and  if  printed  in  different  languages, 
at  least  two  of  each  language  to  be  posted  conspicuously  within 
the  polling  place.  If  not  previously  done,  they  shall  insert  in 
their  proper  place  on  the  voting  machine,  the  ballots  containing 
the  names  of  offices  to  be  filled  at  such  election,  and  the  names  of 
candidates  nominated  therefor.  If  not  previously  done,  they 
shall  place  all  the  counters  on  each  voting  machine  so  as  to  regis- 
ter zero,  and  shall  not  permit  such  counters  to  be  thereafter 
operated,  except  by  electors  in  voting.  Before  the  polls  are  open 
for  election,  each  inspector  shall  carefully  examine  every  counter 


§§  174-176  Voting  Machines.  177 

and  see  that  it  registers  zero,  and  the  same  shall  be  subject  to 
the  inspection  of  the  official  watchers.  Ballots  voted  for  any  per- 
son whose  name  does  not  appear  on  the  machine  as  a  nominated 
candidate  for  office,  are  herein  referred  to  as  independent  ballots. 
Where  two  or  more  persons  are  to  be  elected  to  the  same  office, 
and  each  candidate's  name  is  placed  upon  or  adjacent  to  a  sepa- 
rate key  or  device,  and  the  machine  requires  that  all  independent 
ballots  voted  for  that  office  be  deposited,  written  or  affi.xed  in  or 
upon  a  single  receptacle  or  device,  an  elector  may  vote  in  or  by 
such  receptacle  or  device  for  one  or  more  persons  whose  names 
do  not  appear  upon  the  machine  with  or  without  the  names  of 
one  or  more  persons  whose  names  do  so  appear.  In  voting  for 
presidential  electors,  an  elector  may  vote  an  independent  ticket 
made  up  of  the  names  of  persons  in  nomination  by  different 
parties,  or  partially  of  names  of  persons  so  in  nomination  and 
partially  of  names  of  persons  not  in  nomination,  or  wholly  of 
names  of  persons  not  in  nomination  by  any  party.  Such  inde- 
pendent ballot  shall  be  deposited,  written  or  affixed  in  or  upon 
the  receptacle  or  device  provided  on  the  machine  for  that  pur- 
pose. With  these  exceptions,  no  independent  ballot  shall  be  voted 
for  any  person  for  any  office  whose  n^-me  appears  on  the  machine 
as  a  nominated  candidate  for  that  office;  any  independent  ballot 
so  voted  shall  not  be  counted.  An  independent  ballot  must  be 
cast  in  its  appropriate  place  on  the  machine,  or  it  shall  be  void 
and  not  counted.    (Thus  amended  by  chap.  530,  L.  1901.) 

§  174.  Location  of  machines  ;  guard-rail. — The  exterior  of 
the  voting-  machine  and  every  part  of  the  polling  place  shall  be  in 
plain  view  of  the  election  officers  and  watchers.  The  voting 
machine  shall  be  placed  at  least  three  feet  from  every  wall  and 
partition  of  the  polling  place,  and  at  least  three  feet  from  the 
guard-rail,  and  at  least  four  feet  from  the  poll  clerk's  table.  A 
guard-rail  shall  be  constructed  at  least  three  feet  from  the 
machine,  with  openings  to  admit  electors  to  and  from  the 
machine. 

§  175.  Manner  of  voting. — After  the  opening  of  the  polls,  the 
inspectors  shall  not  allow  any  voter  to  pass  within  the  guard- 
rail until  they  ascertain  that  he  is  duly  entitled  to  vote.  Only 
one  voter  at  a  time  shall  be  permitted  to  pass  within  the  guard- 
rail to  vote.  The  operating  of  the  voting  machine  by  the  elector 
while  voting  shall  be  secret  and  obscured  from  all  other  persons 
except  as  provided  by  this  chapter  in  cases  of  voting  by  assisted 
electors.  No  voter  shall  remain  within  the  voting  machine  booth 
longer  than  one  minute,  and  if  he  shall  refuse  to  leave  it  after 
the  lapse  of  one  minute,  he  shall  be  removed  by  the  inspectors. 

§  176.  Instructing  voter. — In  case  any  elector  after  entering 
the  voting  machine  booth  shall  ask  for  further  instructions  con- 


178  The  Election  Law  of  1896.  §§177-179 

ceming  the  manner  of  voting,  two  inspectors  of  opposite  political 
parties  shall  give  such  instructions  to  him;  but  no  inspector  or 
other  election  officer  or  person  assisting  an  elector  shall  in  any 
manner  request,  suggest  or  seek  to  persuade  or  induce  any  such 
elector  to  vote  any  particular  ticket,  or  for  any  particular  candi- 
date, or  for  or  against  any  particular  amendment,  question  or 
proposition.  After  receiving  such  instructions,  such  elector  shall 
vote  as  in  the  case  of  an  unassisted  voter. 

§  177.  The  provisions  of  subdivision  three  of  section  thirty- 
four,  and  of  subdivision  two  of  section  one  hundred  and  four  of 
the  election  law,  shall  apply  also  when  ballot  machines  are  used, 
and  the  word  "  booth  "  when  used  in  such  sections,  shall  be  inter- 
preted to  include  the  ballot  machine  enclosure  or  curtain. 

§  178.  Canvass  of  vote  and  proclamation  of  result. — As 
soon  as  the  polls  of  the  election  are  closed,  the  inspectors  of  elec- 
tion thereat  shall  immediately  lock  the  voting  machine  against 
voting,  and  open  the  counting  compartments  in  the  presence  of 
the  watchers  and  all  other  persons  who  may  be  lawfully  within  the 
polling  place,  giving  full  view  of  all  the  counter  numbers.  The 
chairman  of  the  board  of  inspectors  shall,  in  the  order  of  the 
offices  as  their  titles  are  arranged  on  the  machine,  read  and 
announce  in  distinct  tones  the  result  as  shown  by  the  counter 
numbers,  and  shall  then  read  the  votes  recorded  for  each  office  on 
the  independent  ballots.  He  shall  also  in  the  same  manner 
announce  the  vote  on  each  constitutional  amendment,  proposition 
or  other  question.  As  soon  as  the  result  for  each  office  and  on 
each  amendment,  proposition  or  other  question  is  ascertained, 
the  poll  clerks  shall  record  it  and  submit  their  records  to  the 
inspectors  for  examination,  and  if  found  to  be  correct,  the  chair- 
man shall  at  once  announce  the  result  of  the  vote  for  such  office, 
or  on  such  amendment,  proposition  or  other  question. 

§  179.  Disposition  of  independent  ballots,  and  preserving 
the  record  of  the  machine. — The  inspectors  of  election  shall, 
as  soon  as  the  count  is  completed  and  fully  ascertained  as  in  this 
act  required,  lock  the  machine  against  voting,  and  it  shall  so 
remain  for  the  period  of  thirty  days,  except  by  the  order  of  a 
court  of  competent  jurisdiction.  Whenever  independent  ballots 
have  been  voted,  the  inspectors  shall  return  all  of  such  ballots  in 


§§  i8o-i82  Voting  Machines.  179 

a  properly  secured  sealed  package  endorsed  "  independent  bal- 
lots," and  file  such  package  with  the  original  statement  of  can- 
vass. It  shall  be  preserved  for  six  months  after  such  election, 
and  may  be  opened  and  its  contents  examined  only  upon  order 
of  the  supreme  court  or  a  justice  thereof,  or  a  county  judge  of 
such  county,  and  at  the  expiration  of  such  time,  such  ballots  may 
be  disposed  of  in  the  discretion  of  the  officer  or  board  having 
charge  of  them.     (Thus  amended  by  chap.  530,  L.  1901.) 

§  180.  Application  of  other  articles  and  penal  code. — The 
provisions  of  the  other  articles  of  this  chapter  apply  so  far  as 
practicable  to  voting  by  voting  machines,  except  as  herein  pro- 
vided. The  provisions  of  the  penal  code  and  of  this  chapter 
relating  to  misconduct  at  elections  shall  apply  to  elections  with 
voting  machines, 

§  181.  When  ballot  clerks  not  to  be  elected. — Ballot  clerks 
shall  not  be  elected  or  appointed  for  any  district  for  which  a  vot- 
ing machine  shall  have  been  adopted,  and  which  will  be  supplied 
and  ready  for  use  at  the  next  election  to  be  held  therein. 

§  182.  Number  of  voters  in  election  districts. — For  any 
election  in  any  city,  town  or  village  in  which  voting  machines  are 
to  be  used,  the  election  districts  in  which  such  machines  are  to  be 
used  may  be  created  by  the  officers  charged  with  the  duty  of 
creating  election  districts,  so  as  to  contain  as  near  as  may  be  six 
hundred  voters  each.  Such  re-districting  or  re-division  may  be 
made  at  any  time  after  any  November  election  and  on  or  before 
August  fifteenth  following,  and  when  so  made  shall  take  effect 
immediately.  Where  such  re-districting  or  re-division  shall  be 
made  in  any  town,  the  board  making  the  same  shall,  on  or  be- 
fore September  first  following,  appoint  from  the  inspectors  of 
election  then  in  office — if  sufficient  therefor  are  then  in  office, 
and.  if  not,  from  persons  not  in  office,  sufficient  to  make  up  the 
requisite  number — four  inspectors  of  election  for  each  election 
district  thus  created,  two  of  whom  shall  belong  to  and  be  of  the 
same  political  faith  and  opinion  on  state  and  national  issues  as 
one  of  the  two  political  parties  which  at  the  last  preceding  gen- 
eral election  for  state  officers  shall  have  cast  the  greatest  number 
of  votes  in  said  town,  and  the  other  two  of  whom  shall  belong 
to  and  be  of  the  same  political  faith  and  opinion  on  state  and 
national  issues  as  the  other  of  said  two  political  parties.     There- 


i8o  The  Election   Law  of  1896.  §§  183-184 

after  no  redivision  of  such  election  districts  shall  be  made  for 
elections  by  such  machines  until  at  some  general  election  the 
number  of  votes  cast  in  one  or  more  of  such  districts  shall  ex- 
ceed seven  hundred.  But  the  town  board  of  a  town  in  which  such 
machines  are  used  may  alter  the  boundaries  of  the  election  dis- 
tricts at  any  time  after  a  general  election  and  on  or  before  Au- 
gust fifteenth  following,  provided  that  the  number  of  such  election 
districts  in  such  town  shall  not  be  increased  or  reduced,  and  the 
number  of  votes  to  be  cast  in  any  district  whose  boundaries  are  so 
altered  shall  not  exceed  seven  hundred.  (Thus  amended  by 
chap.  530,  L.  1901,  and  chap.  122,  L.  1903.) 

§  183.  Definitions. —  The  list  of  candidates  used  or  to  be  used 
on  the  front  of  the  voting  machine  shall  be  deemed  official  ballots 
under  this  chapter  for  an  election  district  in  which  a  voting  ma- 
chine is  used  pursuant  to  law.  The  word  "  ballot  "  as  used  in 
this  article,  (except  when  reference  is  made  to  independent  bal- 
lots) means  that  portion  of  the  cardboard  or  paper  or  other 
material  within  the  ballot  frames  containing  the  name  of  the 
candidate  for  office,  or  a  statement  of  a  proposed  constitutional 
amendment,  or  other  question  or  proposition  with  the  word  "  for  " 
or  the  word  "  against." 

§  184.  Repeal  of  laws. — Section  forty  of  the  town  law  as 
added  by  chapter  eighty-two  of  the  laws  of  eighteen  hundred  and 
ninety-three  and  renumbered  by  chapter  four  hundred  and  eighty- 
one  of  the  laws  of  eighteen  hundred  and  ninety-seven,  chapter 
seven  hundred  and  sixty-four  of  the  laws  of  eighteen  hundred  and 
ninety-four,  chapter  seven  hundred  and  sixty-five  of  the  laws 
of  eighteen  hundred  and  ninety-four,  chapter  three  hundred  and 
thirty-nine  of  the  laws  of  eighteen  hundred  and  ninety-six,  chap- 
ter four  hundred  and  forty-nine  of  the  laws  of  eighteen  hundred 
and  ninety-seven,  chapter  four  hundred  and  fifty  of  the  laws  of 
eighteen  hundred  and  ninety-seven,  and  chapter  one  hundred  and 
sixty-eight  of  the  laws  of  eighteen  hundred  and  ninety-eight,  and 
all  acts  amendatory  of  such  acts,  are  hereby  repealed;  but  such 
repeal  shall  not  be  deemed  to  prohibit  the  adoption  or  use  of  any 
voting  machine  at  any  election  within  any  town,  city  or  village 
that  has  adopted  the  same  prior  to  the  passage  of  this  act,  but  the 
method  of  conducting  an  election  therewith  shall  be  in  the  manner 
prescribed  by  this  chapter. 


Electors  of  President  and  Vice-President.  i8i 


ABTICLE  Vm 

Electors  of  President  and  Vice-President,   and  Bepresentatives  in 

Congress 

Section  190.  Representatives  in  congress. 

191.  Electors  of  president  and  vice-president. 

192.  Meeting  and  organization  of  electoral  college. 

193.  Secretary  of  state  to  furnish  list  of  electors. 

194.  Vote  of  the  electors. 

195.  Appointment  of  messenger. 

196.  Other  lists  to  be  furnished. 

197.  Compensation  of  electors. 

198.  Laws  repealed. 

§  190.  Representatives  in  cong^ress. — Representatives  in  the 
house  of  representatives  of  the  congress  of  the  United  States  shall 
be  chosen  in  the  several  congressional  districts  at  the  general  elec- 
tion held  therein  in  the  year  eighteen  hundred  and  ninety-six  and 
every  second  year  thereafter.  If  any  such  representative  shall  re- 
sign, he  shall  forthwith  transmit  a  notice  of  his  resignation  to  the 
secretary  of  state,  and  if  a  vacancy  shall  occur  in  any  such  office, 
the  clerk  of  the  county  in  which  such  representative  shall  have  re- 
sided at  the  time  of  his  election,  shall,  without  delay,  transmit  a 
notice  thereof  to  the  secretary  of  state. 

Appointment  of  representatives  between  states  is  determined  by  pre- 
scribed rule  based  upon  actual  enumeration  made  every  ten  j-^ears,  but  the 
number  of  representatives  shaill  not  exceed  one  for  every  thirty  thousand. 
(See  U.  S.  Const.,  art.  i,  §  2.) 

Times,  places  and  manner  of  election  of  representatives  shall  be  pre- 
scribed in  each  state  by  the  legislature  thereof.     {See  U.  S.  Const,  art. 

I.  §  4.) 

General  certificate  of  election. — Secretary  of  state  to  prepare  certificate 
of  election  under  seal  of  state  and  forward  same  to  house  of  representatives 
of  the  United  States  in  that  congress  for  which  any  person  shall  have  been 
chosen.     (Sec  §  141,  Election  Law.) 

Congressional  districts  as  established  by  chap.  295,  Laws  1892.  Sec 
Political  Divisions  of  State,  etc.,  post. 

Qualification  for  office. — See  page  303. 

Vacancies  in  office. — "  When  vacancies  happen  in  the  representation 
from  any  state,  the  executive  authority  thereof  shall  issue  writs  of  election 
to  fill  such  vacancies."     {See  §  2,  art.  i,  U.  S.  Const.) 

Special  election  to  fill  vacancies  shall  not  be  held  to  fill  a  vacancy  in 
the  office  of  a  representative  in  congress  unless  such  vacancy  occurs  on  or 
before  the  first  day  of  July  of  the  last  year  of  the  term  of  office,  or  unless 


i82  The  Election  Law  of  1896. 

it  occurs  thereafter  and  a  special  session  of  congress  is  called  to  meet  be- 
fore the  next  general  election,  or  be  called  after  October  fourteenth  of  such 

year.     {See  §  4,  Election  Law.) 

Besignations  to  be  in  writing  and  addressed  to  the  secretary  of  state. 
(See  Pub.  Off.  Laiv,  §  21,  />.  319.) 

§  191.  Electors  of  president  and  vice-president. — At  the  general 
election  in  November,  preceding  the  time  fixed  by  the  law  of  the 
United  States  for  the  choice  of  president  and  vice-president  of  the 
United  States,  there  shall  be  elected  by  general  ticket  as  many 
electors  of  president  and  vice-president  as  this  state  shall  be  en- 
titled to,  and  each  elector  in  this  state  shall  have  a  right  to  vote  for 
the  whole  number,  and  the  several  persons  to  the  number  required 
to  be  chosen  having  the  highest  number  of  votes  shall  be  declared 
and  be  duly  appointed  electors. 

Appointment,  number  and  qualificationg. — Each  state  shall  appoint 
in  such  manner  as  the  legislature  thereof  may  direct,  a  number  of  electors 
equal  to  the  whole  number  of  senators  and  representatives  to  which  the 
state  may  be  entitled  in  the  congress;  but  no  senator  or  representative,  or 
person  holdings  an  office  of  trust  or  profit  under  the  United  States  shall  be 
appointed  an  elector.     {See  U.  S.  Const,  art.  2,  §  I,  subd.  2.) 

Certificates  of  appointment  to  be  sent  to  secretary  of  state  of  the 
United  States  by  the  executive  of  each  state.  (See  chap.  90,  U.  S.  Statutes 
1887.) 

§  192.  Meeting  and  organization  of  the  electoral  college. — The 

electors  of  president  and  vice-president  shall  convene  at  the  capitol 
on  the  second  Monday  in  January  next  following  their  election,  and 
those  of  them  who  shall  be  assembled  at  twelve  o'clock,  noon,  of 
that  day,  shall  immediately  at  that  hour  fill  by  ballot,  and  by  plural- 
ity of  votes,  all  vacancies  in  the  electoral  college  occasioned  by 
death,  refusal  to  serve  or  neglect  to  attend  at  that  hour,  of  any  elec- 
tor, occasioned  by  an  equal  number  of  votes  having  been  given 
for  two  or  more  candidates.  The  electoral  college  being  thus  com- 
pleted, they  shall  then  choose  a  president,  and  one  or  more  secre- 
taries from  their  own  body. 

Date  of  meeting  fixed  by  chapter  90,  U.  S.  Statutes  of  1887. 

Vacancies  in  office. — Each  state  may,  by  law,  provide  for  the  filling  of 
any  vacancies  which  may  occur  in  its  college  of  electors  when  such  college 
meets  to  give  its  electoral  vote.     (U.  S.  Rev.  Statutes,  2d  ed.,  §  133,  p.  22.) 

§  193.  Secretary  of  state  to  furnish  lists  of  electors. — The  secre- 
tary of  state  shall  prepare  three  lists,  setting  forth  the  names  of 


Electors  of  President  and  Vice-President.  183 

such  electors,  and  the  canvass  under  the  laws  of  this  state,  of  the 
number  of  votes  given  for  each  person  for  whose  election  any  and 
all  votes  were  given,  together  with  the  certificate  of  determination 
thereon,  by  the  state  canvassers ;  procure  to  the  same  the  signature 
of  the  governor ;  affix  thereto  the  seal  of  the  state,  and  deliver  the 
same  thus  signed  and  sealed  to  the  president  of  the  college  oi 
electors  on  the  second  Monday  in  January, 

Similar  provisions  contained  in  chap.  90,  U.  S.  Statutes  1887. 

liists  and  certificates  to  be  transmitted  at  same  time  and  in  same 
manner  as  provided  by  law  for  transmitting  by  the  electors  to  the  seat  of 
government  the  lists  of  all  persons  voted  for  as  president  and  of  all  per- 
sons voted  for  as  vice-president. 

§  194.  Vote  of  the  electors. — Immediately  after  the  organiza- 
tion of  the  electoral  college,  the  electors  shall  then  and  there  vote 
by  ballot  for  president  and  vice-president,  one  of  whom  at  least 
shall  not  be  an  inhabitant  of  the  same  state  with  themselves.  They 
shall  name  in  their  ballots  the  person  voted  for  as  president,  and 
in  distinct  ballots,  the  person  voted  for  as  vice-president.  They 
shall  make  distinct  lists  of  all  persons  voted  for  as  president,  and 
of  all  persons  voted  for  as  vice-president,  and  of  the  number  of 
votes  for  each,  which  lists  they  shall  sign  and  certify,  and  after  an- 
nexing thereto  one  of  the  lists  received  from  the  secretary  of  state, 
they  shall  seal  up  the  same,  certifying  thereon,  that  lists  of  the  votes 
of  this  state  for  president  and  vice-president  are  contained  therein. 

Manner  of  voting  prescribed  by  XJ.  S.  Constitution. — The  electors 
shall  meet  in  their  respective  states,  and  vote  by  ballot  for  president  and 
vice-president,  one  of  whom  at  least  shall  not  be  an  inhabitant  of  the  same 
state  with  themselves.  They  shall  name  in  their  ballots  the  person  voted 
for  as  president,  and  in  distinct  ballots  the  person  voted  for  as  vice-presi- 
dent; and  they  shall  make  distinct  lists  of  all  persons  voted  for  as  president, 
and  of  all  persons  voted  for  as  vice-president,  and  of  the  number  of  votes 
for  each ;  which  lists  they  shall  sign  and  certify,  and  transmit  sealed  to  the 
seat  of  the  government  of  the  United  States,  directed  to  the  president  of  the 
senate.     (Sec  art.  12,  §  i,  U.  S.  Const.) 

Certificates  to  be  made  and  signed.— The  electors  shall  make  and  sign 
fthree  certificates  of  all  the  votes  given  by  them,  each  of  which  certificate 
shall  contain  two  distinct  lists,  one  of  the  votes  for  president,  and  the  other 
of  the  votes  for  vice-president,  and  shall  annex  to  each  of  the  certificates 
one  of  the  lists  of  the  electors  which  shall  have  been  furnished  to  them  by 
direction    of    the   executive    of    the    state.     (U.  S.  Rev.  Stat.,  2d  ed.,  §  138 


184  The  Election  Law  of  1896. 

Certificates  to  be  sealed  and  indorsed. — The  electors  shall  seal  up  the 
certificates  so  made  by  them,  and  certify  upon  each  that  the  lists  of  all  the 
votes  of  such  state  given  for  president,  and  of  all  the  votes  given  for  vice- 
president,  are  contained  therein.     (U.  S.  Rev.  Stat.,  2d  ed.,  §  139,  p.  23.) 

Transmission  of  certificates. — The  electors  shall  dispose  of  the  certifi- 
cates thus  made  in  the  following  manner: 

1.  They  shall,  by  writing  under  their  hands,  or  under  the  hands  of  a 
majority  of  them,  appoint  a  person  to  take  charge  of  and  deliver  to  the 
president  of  the  senate,  at  the  seat  of  government,  before  the  first  Wednes- 
day in  January  then  next  ensuing,  one  of  the  certificates. 

2.  They  shall  forthwith  forward  by  the  postoffice  to  the  president  of 
the  senate,  at  the  seat  of  government,  one  other  of  the  certificates. 

3.  They  shall  forthwith  cause  the  other  of  the  certificates  to  be  deliv- 
ered to  the  judge  of  that  district  in  which  the  electors  shall  assemble. 
(See  U.  S.  Rev.  Stat.  2d  ed.,  §  140.  p.  23.) 

§  195.  Appointment  of  messenger. — The  electors  shall  then,  by 
a  writing  under  their  hands,  or  under  the  hands  of  a  majority  of 
them,  appoint  a  person  to  take  charge  of  the  lists  so  sealed  up, 
and  to  deliver  the  same  to  the  president  of  the  senate,  at  the  seat 
of  government  of  the  United  States,  before  the  third  Monday  in 
the  said  month  of  January.  In  case  there  shall  be  no  president  of 
the  senate  at  the  seat  of  government,  on  the  arrival  of  the  person 
intrusted  with  the  lists  of  the  votes  of  the  electors,  then  such  per- 
son shall  deliver  the  lists  of  votes  in  his  custody  into  the  office  of 
the  secretarj'  of  state  of  the  United  States. 

Mileage  of  messenger. — Each  of  the  persons  appointed  by  the  electors 
to  deliver  the  certificates  of  votes  to  the  president  of  the  senate  shall  be 
allowed,  on  the  delivery  of  the  list  intrusted  to  him,  twenty-five  cents  for 
every  mile  of  the  estimated  distance,  by  the  most  usual  road,  from  the  place  of 
meeting  of  the  electors  to  the  seat  of  government  of  the  United  States.  (See 
§  144,  A^.  y.  Rev.  Stat.  2d  ed.,  p.  23.) 

Forfeiture  for  messenger's  neglect  of  duty. — Every  person  who,  hav- 
ing been  appointed  messenger  to  deliver  the  certificates  of  the  votes  of  the 
electors  to  the  president  of  the  senate,  and  having  accepted  such  appoint- 
ment, shall  neglect  to  perform  the  service  required  from  him,  shall  forfeit 
the  sum  of  one  thousand  dollars.  (See  §  145,  A^.  Y.  Rev.  Stat.  2d  ed.,  p. 
23.) 

§  196.  Other  lists  to  be  fnmislied. — The  electors  shall  also  for- 
ward forthwidi,  by  the  postoffice  in  the  city  of  Albany,  to  the 
president  of  the  senate  of  the  United  States  at  the  seat  of  gov- 
ernment, and  deliver  forthwith  to  the  judge  of  the  United  States 


Electors  of  President  and  Vice-President.  185 

court  for  the  northern  district  of  the  state  of  New  York,  similar 
hsts  signed,  annexed,  sealed  up  and  certified  in  the  manner  afore- 
said.    (See  notes  end  sec.   194.) 

§  197.  Compensation  of  electors. — Every  elector  of  the  state  for 
the  election  of  a  president  and  vice-president  of  the  United  States, 
who  shall  attend  at  any  election  of  those  officers  and  give  his  vote 
at  the  time  and  place  appointed  by  law,  shall  be  entitled  to  receive 
for  his  attendance  at  such  election,  the  sum  of  fifteen  dollars  per 
day,  together  with  ten  cents  per  mile  each  way,  from  his  place  of 
residence,  by  the  most  usual  traveled  route,  to  the  place  of  meeting 
of  such  electors,  to  be  audited  by  the  comptroller  upon  the  cer- 
tificate of  the  secretary  of  state,  and  paid  by  the  treasurer. 

§  198.  laws  repealed. — Of  the  laws  enumerated  in  the  schedule 
hereto  annexed,  that  portion  specified  in  the  last  column  is  repealed. 

SCHEDULE   OF   LAWS    TO    BE   REPEALED    BY   THE 
ELECTION  LAW. 

Laws  of —            Chapter.  Sections. 

1842 130 All. 

1844 331 All. 

1847 240 All. 

1854 286 All. 

1855 513 All. 

1856 79 All. 

i860 480 All. 

1870 134 All. 

1870 388 All. 

1871 712 All. 

1875 138 All. 

1876 287 All. 

1877 322 All. 

1878 354 All. 

1880 56 All. 

1880 366 All. 

1880 437 All. 

1880 460 All. 

1880 553 All. 

1881 137 All. 


i86  The  Election  Law  of  1896. 

Laws  of—  Chapter.  Sections. 

1881 163 All. 

1882 154 All. 

1882 366 All. 

1882 410 1839  to  1844  in- 
clusive, 1846, 
1847  and  1848 ; 
1850  to  1861 
inclusive,  1864 
to  1866  inclu- 
sive and  1868 
to  1929  inclu- 
sive, and  1 93 1. 

1883 380 All. 

1883 422 All. 

1885 446 All. 

1887 265 All. 

1888 583 For  sections  re- 
pealed in  title 
XX,  as  amend- 
ed, see  chapter 
236,  Laws 

1891,  in  this 
schedule. 

1889 I All. 

1890 117 All. 

1890 169 All. 

1890 262 All. 

1890 321 All. 

1890 355 All. 

1891 7 All. 

1891 236 Sections  3  to  25 

inclusive,  all 
after  the  word 
"  board  "  in  the 
last  line  of  sec- 
tion 26,  and  sec- 
tions 27  to  32 
inclusive,       of 


Electors  of  President  and  Vice-President.         187 

Laws  of—  Chapter.  Sections. 

title  XX  of 
chapter  583, 
Laws  of  1888. 
as  amended  by 
chapter  236, 
Laws  1891. 

1891 296 All. 

1891 336 All. 

1892 680 All. 

1893 233 All. 

1893 274 All. 

1893 370 All. 

1894 61 All 

1894 275 All. 

1894 302 All. 

1894 348 2,  3,  4,  5  and  6. 

1895 810 All. 

1895 909 All. 

1895 991 All. 

1895 992 All 

1895 993 All. 

1895 1034 All 


PRIMARY  ELECTION  LAW. 


Chap.  473. 

AN  ACT  to  amend  chapter  one  hundred  and  seventy-nine  of  the 
general  laws  of  eighteen  hundred  and  ninety-eight,  entitled 
"  An  act  in  relation  to  enrollment  for  political  parties,  primary 
elections,  conventions,  and  political  committees,"  relative  to  the 
enrollment  for  and  holding  of  primary  elections. 

Became  a  law  May  2,  1899,  with  the  approval  of  the  Governor.     Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  i.  Chapter  one  hundred  and  seventy-nine  of  the  gen- 
eral laws  of  eighteen  hundred  and  ninety-eight,  entitled  "  An  act 
in  relation  to  'enrollment  for  political  parties,  primary  elections, 
conventions,  and  political  committees,"  is  hereby  amended  so  as 
to  read  as  follows: 

§  I.  Short  title  and  application  of  act. — The  short  title  of 
this  act  shall  be  the  "  Primary  Election  Law."  Except  as  other- 
wise herein  provided,  it  shall  be  controlling;  (i)  on  the  methods  of 
enrolling  the  voters  of  a  party  in  cities  and  in  villages  having  five 
thousand  inhabitants  or  more,  according  to  the  last  preceding 
state  enumeration  of  inhabitants;  (2)  on  primary  elections  in  such 
cities  and  villages;  (3)  on  party  conventions  in  and  for  any 
political  subdivision  of  the  state,  made  up  wholly  or  partly  of 
delegates  elected  in  any  such  city  or  any  such  village;  (4)  on 
the  choice,  in  such  cities  and  such  villages,  of  the  members  of 
political  committees  and  on  the  conduct  of  political  committees, 
in  and  for  any  political  subdivision  of  the  state,  made  up  wholly 
or  partly  of  members  from  any  such  city  or  village.  Provided 
that  in  case  territory  to  which  this  act  is  not  applicable  shall  at  any 
time  become  incorporated  with  a  city  or  village  to  which  it  shall 
then  be  applicable,  only  the  provisions  of  subdivision  one  of  sec- 


Primary  Election  Law  of  1899.  189 

tion  three  of  this  act  shall  apply  to  such  new  territory  prior  to 
first  day  of  registration  thereafter. 

§  2.  Definitions  and  construction  of  act. — The  terms  used 
in  this  act  shall,  for  the  purposes  o'  this  act,  have  application 
as  provided  in  this  section,  unless  other  meaning  is  clearly 
apparent  from  the  language  or  context,  or  manifest  intent.  The 
term  "  committee  "  shall  apply  to  any  committee  chosen  in  pur- 
suance hereof,  or  of  the  rules  and  regulations  of  a  party,  to  repre- 
sent the  members  of  the  party  in  any  political  subdivision  of  the 
state.  The  term  "  general  conmiittee  "  shall  apply  to  the  county 
committees  in  the  various  counties  of  this  state  in  which  are 
located  any  of  the  cities  or  villages  to  which  this  act  is  applicable, 
and  in  the  city  of  New  York  to  the  county  committee,  the  city 
committee,  if  any,  and  such  borough  conmiittees  as  may  be  estab- 
lished by  any  party.  The  term  "  convention  "  shall  apply  to  any 
assemblage  of  delegates  of  a  party,  in  and  for  any  political  sub- 
division of  the  state,  duly  convened  for  the  purpose  of  nominating 
candidates  for  public  office,  electing  delegates  to  other  conven- 
tions, electing  members  of  political  committees,  or  transacting  any 
other  business  relating  to  the  afTairs  of  a  party.  The  term 
"  primary  election  "  shall  apply  to  any  election  by  the  members  of 
a  party  duly  convened  in  any  political  subdivision  of  the  state  to 
which  this  act  is  applicable,  of  delegates  to  a  convention,  or  of 
party  committeemen,  or  of  candidates  for  public  ofifice,  or  to  any 
such  election  upon  any  question  submitted  to  the  vote  of  a  party. 
The  term  "  unit  of  representation  "  shall  apply  to  an  election 
district,  a  ward  of  a  city,  an  assembly  district,  a  congressional 
district,  a  senatorial  district,  or  any  other  political  subdivision 
of  the  state  which,  by  the  rules  and  regulations  of  a  party,  may 
be  the  unit  from  which  members  of  any  political  convention  or 
committee  to  which  this  act  is  applicable,  shall  be  chosen.  The 
term  "  custodian  of  primary  records  "  shall  apply  to  those  officers 
or  boards  whose  duty  it  is,  by  the  provisions  of  the  election  law, 
to  provide  official  ballots  for  general  elections  in  the  respective 
cities  and  villages  to  which  this  act  is  applicable.  The  term 
"party"  shall  apply  to  any  political  organization  which,  at  the 
last  preceding  election  of  a  governor,  polled  at  least  ten  thousand 
votes  for  governor.     No  organization  or  association  of  citizen* 


igo  Primary  Election  Law  of  1899. 

for  the  election  of  city  officers  shall  be  deemed  a  political  party 
within  the  meaning  of  this  act,  and  membership  in  any  such 
organization  or  association  shall  not  prevent  an  elector  from  en- 
rolling with,  and  acting  as  a  member  of  a  political  party. 

§  3.  Enrollment. —  Subdivision  i.  The  custodian  of  primary 
records  shall  cause  to  be  prepared  on  or  before  the  fifteenth  day 
of  September  in  each  year,  original  enrollment  books  to  the  num- 
ber of  two  for  each  election  district.  Such  enrollment  books  shall 
be  so  arranged  that  the  names  of  all  electors  of  the  election  dis- 
trict may  be  inscribed  therein  alphabetically.  Except  in  cities 
of  the  second  class  and  cities  containing  a  population  of  one 
million  or  over,  such  enrollment  books  shall  be  so  arranged  and 
printed  that  there  shall  be  fourteen  columns  on  each  page;  the 
first  for  the  enrollment  number  of  the  electors ;  the  second  for  the 
surnames  of  the  electors ;  the  third,  for  the  Christian  names  of 
the  electors  ;  the  fourth  for  their  residence  addresses ;  the  fifth  for 
the  word  "  yes ;"  the  sixth  for  the  name  of  the  party,  if  any,  with 
which  the  elector  shall  enroll ;  the  seventh  for  an  entry  to  show  a 
special  enrollment ;  the  eighth  for  the  record  of  transfer  or  re- 
moval from  one  election  district  to  another;  the  ninth  for  the 
word  "  voted  "  in  case  the  elector  votes  at  the  first  official  primary 
election  of  the  year ;  the  tenth  for  a  record  as  to  challenges  in  case 
he  is  challenged  thereat ;  the  eleventh  and  twelfth  columns  for 
similar  entries  in  case  he  votes  at  the  second  official  primary  elec- 
tion ;  and  the  thirteenth  and  fourteenth  columns  for  similar  en- 
tries in  case  there  be  a  third  official  primary  election  or  unofficial 
primary  elections.  The  enrollment  books  prepared  for  election 
districts  within  a  city  of  the  second  class  or  a  city  containing  a 
population  of  one  million  or  over  shall  be  so  arranged  and  printed 
that  there  shall  be  twelve  columns  on  each  page ;  the  first  for  the 
enrollment  number  of  the  electors;  the  second  for  the  surnames 
of  the  electors ;  third,  for  the  Christian  names  of  the  electors ;  the 
fourth  for  their  residence  addresses ;  the  fifth  for  the  word  "  yes ;  " 
the  sixth  for  the  name  of  the  party,  if  any,  with  which  the  elector 
shall  enroll ;  the  seventh  for  the  word  "  voted  "  in  case  the  elector 
votes  at  the  first  official  primary  election  of  the  year;  the  eighth 
for  a  record  as  to  challenges  in  case  he  is  challenged  thereat ;  the 
ninth  and  tenth  columns  for  similar  entries  in  case  he  votes  at 
the  second  official  primary  election ;  and  the  eleventh  and  twelfth 
columns  for  similar  entries  in  case  there  be  a  third  official  primary 
election  or  unofficial  primary  elections.  Said  books  shall  be  de- 
livered by  the  custodian  of  primary  records  to  the  election  in- 
spectors of  the  respective  election  districts  immediately  before 
the  first  day  of  registration  in  each  year.  The  custodian  of 
primary  records  shall  cause  at  least  two  voting  booths  of  the 
same  kind  and  description  as  voting  booths  used  at  general  elec- 
tions, to  be  erected  in  each  place  of  registration,  before  the  first 
day  of  registration  in  each  year,  and  such  booths  shall  bo  and 
remain  in  said  places  of  registration  during  the  registration  at 


Primary  Election  Law  of  1899.  191 

the  four  regular  meetings  for  registration  during  that  year ;  and 
it  shall  be  the  duty  of  the  custodian  of  primary  records  to  fur- 
nish in  each  voting  booth  so  erected  the  same  articles  which  are 
required  by  law  to  be  placed  therein,  for  a  general  election,  which 
articles  shall  remain  therein  during  such  registration.  He  shall 
also  provide  in  like  manner  one  ballot  box  in  each  place  of  regis- 
tration of  sufficient  capacity  to  hold  all  the  enrollment  blanks  and 
envelopes  which  are  to  be  furnished  for  such  place  of  registra- 
tion, and  which  shall  be  of  the  kind  prescribed  by  law  to  be  used 
at  a  general  election.  There  shall  also  be  prepared  and  distrib- 
uted by  the  custodian  of  primary  records  in  the  manner  and  at 
public  expense  as  provided  in  the  election  law  for  the  furnishing 
of  official  ballots,  such  a  number  of  enrollment  blanks  and  envel- 
opes for  each  election  district  to  the  primary  elections  of  which 
this  act  is  applicable,  as  will  exceed  by  two  hundred  the  total 
number  of  electors  registered  in  such  district  at  the  last  preced- 
ing general  election.  The  enrollment  blanks  shall  be  printed  on 
white  paper,  and  on  the  face  thereof  shall  be  printed  the  follow- 
ing, or  the  substance  thereof,  the  blanks  to  be  filled  in  in  type 
so  far  as  possible : 

Primary  Enrollment   for  Year   

City  (or  Village)  of ;  County  of ; 

Assembly  District  (or  ward)  ;  Election  District. 

Enrollment  Number   

"  I,  who  have  placed  a  mark  underneath  the  party  emblem  here- 
under of  my  choice,  do  solemnly  declare  that  I  have  this  day  regis- 
tered as  a  voter  for  the  next  ensuing  election,  and  that  I  am  a 
qualified  voter  of  the  election  district  in  which  I  have  so  regis- 
tered, and  that  my  residence  address  is  as  stated  by  me  at  the  time 
I  so  registered;  that  I  am  in  general  sympathy  with  the  principles 
of  the  party  which  I  have  designated  by  my  mark  hereunder;  that 
it  is  my  intention  to  support  generally  at  the  next  general  election, 
state  or  national,  the  nominees  of  such  party  for  state  or  national 
offices;  and  that  I  have  not  enrolled  with  or  participated  in  any 
primary  election  or  convention  of  any  other  party  since  the  first 
day  of  last  year.  The  word  '  party '  as  used  herein  means  a 
political  organization  which  at  the  last  preceding  election  of  a 
governor,  polled  at  least  ten  thousand  votes  for  governor." 

Party.  Party. 

(Insert  emblem.)  (Insert  emblem.) 

o    o 

Make  a  cross  (X)  mark,  with  a  pencil  having  black  lead,  m  the  circle 
under  the  emblem  of  the  party  with  which  you  wish  to  enroll,  for  the 
purpose  of  participating  in  its  primary  elections  during  the  next  year. 

u 


192  Primary  Election  Law  of  1899. 

The  circles  underneath  the  emblems  shall  be  one  inch  in 
diameter,  and  in  them  nothing  shall  be  printed.  The  party 
emblems  shall  be  the  same  which  were  on  the  ballots  for  each 
party  respectively  at  the  last  preceding  general  election,  and  such 
emblems  shall  be  so  arranged  on  each  blank  that  the  emblem  of 
the  majority  party  at  the  last  preceding  general  election  of  a 
governor  shall  be  first,  and  the  other  emblems  shall  follow  in 
order  in  accordance  with  the  vote  cast  for  such  office  at  such 
election  ;  over  each  emblem  shall  be  printed,  in  type  clearly  legible, 
the  name  of  the  party  represented  by  such  emblem.  The  enroll- 
ment blanks  shall  have  thereon  only  the  emblems  of  those  parties 
to  which  this  act  is  applicable  and  shall  be  distributed  enclosed 
within  the  enrollment  envelopes  having  corresponding  enroll- 
ment numbers.  The  enrollment  envelopes  shall  be  of  such  size 
as  to  permit  enclosure  therein,  without  folding,  of  the  enrollment 
blank,  and  of  such  weight  and  texture  of  paper  as  to  make  it  im- 
possible to  read  or  decipher  the  printed  matter  on  the  blank  when 
the  same  is  sealed  on  the  inside  thereof.  Nothing  shall  be  printed 
or  written  upon  the  enrollment  envelopes  except  the  following 
words,  or  the  substance  thereof,  blanks  to  be  filled  in  in  type  as 
far  as  possible. 

Primary  Enrollment  for  Year 

City  (or  Village)  of ;  County  of ; 

Assembly  District  (or  Ward)  ; Election  District. 

Enrollment  Number 

Name  of  Elector 

(Thus  amended  by  chap.  225,  L.  1900,  chap,  in,  L.  1903,  and 
chap.  674,  L.  1905,  ///  effect  June  i,  1905.) 

Subdivision  2.  When,  in  any  city  or  village  to  which  this  act 
is  applicable,  an  elector  shall,  at  any  of  the  four  regular  meetings 
for  registration  in  any  year,  present  himself  to  the  board  of  elec- 
tion inspectors  in  any  election  district,  his  name  and  residence 
address  shall  be  entered  at  the  proper  place  in  the  two  original 
enrollment  books  for  that  district.  After  he  shall  have  been  regis- 
tered as  a  qualified  elector  of  that  election  district  for  the  next 
ensuing  general  election,  the  board  of  election  inspectors,  or  a 
member  thereof,  shall  forthwith,  and  before  such  elector  leaves 
the  place  of  registration,  enter  his  registration  number,  beginning 
with  number  one  for  the  first  elector  registered  on  the  first  day, 
and  so  on  in  numerical  order,  opposite  his  name,  in  the  first  col- 
umn of  the  registration  books  and  the  enrollment  books,  and  shrJl 
deliver  to  such  elector  the  enrollment  envelope  and  blank  having 


Primary  Election  Law  of  1899.  X93 

the  number  which  shall  be  opposite  his  name  on  the  registration 
books.  No  elector  shall  be  given  more  than  two  sets  of  enroll- 
ment blanks  and  envelopes,  or  more  than  one  set  unless  he  shall 
spoil,  deface,  improperly  mark,  or  otherwise  destroy  the  first  set 
given  him.  In  case  a  second  set  is  given  him,  the  member  of  the 
board  of  election  inspectors  in  charge  of  the  enrollment  books 
shall  draw  a  line  through  such  elector's  enrollment  number  in 
the  first  column  in  said  books,  and  of  the  registration  books,  and 
shall  insert  in  such  space  in  said  columns  the  number  which  shall 
be  upon  the  new  set  to  be  given  him,  which  number  shall  always 
be  the  highest  number  of  the  enrollment  blanks  and  envelopes 
then  unused  in  such  booth.  Such  elector  desiring  to  enroll  shall 
then  enter  a  voting  booth  in  said  place  of  registration,  and,  after 
having  closed  the  door  thereof,  may  make  a  cross  (X)  mark  with 
a  pencil  having  black  lead  in  the  circle  underneath  the  emblem 
of  the  party  of  his  selection  and  thereupon  enclose  said  enrollment 
blank  in  said  envelope  and  seal  the  same,  and,  before  leaving 
the  place  of  registration,  shall  deliver  the  same  to  a  member  of  the 
board  of  election  inspectors  who  shall  endorse  thereon  the  name 
of  such  elector  and  thereupon  return  said  envelope  to  said  elector, 
who  shall  forthwith  deposit  the  same  in  the  ballot  box  in  said  place 
of  registration  in  the  presence  of  the  inspectors  of  election,  with- 
out in  any  way  indicating  the  party  with  which  he  has  or  has  not 
enrolled,  and  the  inspectors  shall  thereupon  enter  in  the  enrollment 
books  in  the  fifth  column  thereof  the  word  "  yes."  If  an  elector 
declines  to  enroll,  he  may  return  the  blank  and  envelope  to  the  in- 
spector in  charge  of  the  ballot  box,  and  such  inspector  shall  seal 
said  envelope  with  the  blank  therein,  endorse  the  name  of  such  elec- 
tor thereon  and  deposit  the  same  in  the  ballot  box ;  and  a  like  en- 
try shall  be  made  opposite  his  name  in  the  fifth  column  of  the  en- 
rollment books.  The  entries  in  the  enrollment  books  required  by 
this  section  shall  be  made  by  a  member  of  the  board  designated  by 
the  chairman.  One  mark  crossing  another  mark  at  any  angle 
within  the  circle  shall  be  deemed  a  cross  mark  within  the  mean- 
ing of  this  act.  Before  any  elector  shall  be  registered  in  any 
year,  the  said  ballot  box  shall  be  examined  by  the  board  of  election 
inspectors  and  when  empty  shall  be  locked  and  sealed  by  them 
in  such  a  manner  that  should  it  be  opened  such  seal  would  be 
broken;  and  the  same  shall  remain  so  locked  and  sealed  until 
the  same  shall  be  opened  by  the  custodian  of  primary  records 
after  the  next  ensuing  general  election  as  hereinafter  provided. 


194  Primary  Election  Law  of  1899. 

Said  ballot  boxes  shall  be  in  the  charge  and  keeping  of  the  cus- 
todian of  primary  records  at  all  times  except  during  the  hours 
of  registration  as  prescribed  by  law.     At  the  close  of  the  last 
meeting  for   registration   in   each    year   the    board   of   election 
inspectors  shall  severally  subscribe  and  verify  duplicate  declara- 
tions, one  of  which  shall  be  printed  in  or  attached  to  each  of 
the  original  enrollment  books.     Such  declarations  shall  be  to 
the  effect  that  the  persons  shown  by  such  enrollment   books 
are  the  only  persons  who  registered  as  electors  in  that  district 
on  any  of  said   days   of   registration.     Immediately   upon   the 
close  of  each  day  of  registration,  and  before  leaving  the  meet- 
ing place,  the  board  of  election  inspectors  shall  publicly  inclose 
the  said  enrollment  books,  together  with  all   records   pertain- 
ing thereto,  in  a  sealed  envelope,  upon  which  shall  be  written 
or  printed   in   distinct   characters   the   number   of  the   election 
district.     Such  envelope  shall  remain  in  the    custody    of    the 
chairman  of  the  board  until  the  meeting  on  the  next  day  of  regis- 
tration, when  it  shall  be  publicly  opened.     The  envelope  sealed 
at  the  close  of  the  last  day  of  registration  shall,  within  twenty-four 
hours  thereafter,  be  delivered  to  the  custodian  of  primary  records. 
Such  envelope  shall  remain  sealed  until  the  next  Tuesday  fol- 
lowing the  next  ensuing  day  of  general  election.     No  member 
of  the  board  of  election  inspectors  shall  make,  or  allow  to  be 
made,  a  copy  of,  or  a  transcript  or  statement  from,  the  enroll- 
ment books.    No  person  shall,  on  any  of  such  days  of  registration 
or  in  the  interval  between  any  such  day  and  the  next  ensuing 
day  of  general  election,  reveal  or  disclose  the  names  or  number 
of  the   enrolled   electors,   or   make,  publish   or   circulate   a  list 
of  such  names,  or  of  any  thereof,  or  do  or  permit  any  act  by 
which   the   name   of  any   elector  who   may   or   may   not   have 
enrolled,  or  the  number  of  electors  enrolled  or  not  enrolled,  shall 
be  disclosed.     (Thus  amended  by  chap.  225,  L.  1900.) 

Subdivision  3.  It  shall  be  the  duty  of  the  board  of  primary 
inspectors,  or  one  of  them,  after  the  final  meeting  for  registra- 
tion in  each  year,  and  at  the  same  time  he  delivers  the  regis- 
tration books,  to  deliver  the  enrollment  box  to  the  custodian  of 
primary  records.  All  enrollment  envelopes  contained  therein 
shall  remain  in  such  box,  and  the  said  box  shall  not  be  opened 


Primary  Election  Law  of  1899.  195 

or  any  of  the  envelopes  be  opened  or  removed  therefrom  until 
the  Tuesday  following  the  next  succeeding  day  of  general 
election.  Such  box  shall  then  be  opened  by  the  custodian  of 
primary  records,  and  the  envelopes  contained  therein  shall  be 
removed  therefrom  and  opened  by  said  custodian,  and  the  name 
of  the  party  designated  by  each  elector  under  such  declaration 
shall  be  by  said  custodian  entered  against  the  name  of  such 
elector  in  the  sixth  column  of  said  enrollment  books  for  the  elec- 
tion district  in  which  such  elector  resides.  Such  enrollment 
shall  be  completed  before  the  fifteenth  day  of  December  in  each 
year.  If  cross  marks  are  found  in  more  than  one  of  the  circles, 
or  if  no  cross  marks  are  found  in  any  of  the  circles  on  any 
enrollment  blank,  the  elector  who  used  the  enrollment  blank 
thus  deficient  shall  not  be  deemed  to  be  enrolled,  and  words 
indicating  the  reason  why  such  enrollment  is  not  transcribed 
shall  be  entered  in  said  sixth  column  of  the  enrollment  books 
against  the  name  of  such  elector.  When  all  of  the  enrollments 
shall  be  transcribed  from  the  blanks  to  the  enrollment  books, 
the  custodian  of  primary  records  shall  subscribe  and  verify 
duplicate  declarations,  one  of  which  shall  be  printed  in  or 
attached  to  each  of  the  original  enrollment  books,  which  declara- 
tion shall  be  to  the  effect  that  he  has  correctly  and  properly 
transcribed  the  enrollment  indicated  on  the  blank  of  each  elector 
to  the  enrollment  books,  as  herein  provided. 

Subdivision  4.  At  any  time  during  the  months  of  May  and  June, 
and  in  any  year  when  a  president  of  the  United  States  is  to  be 
elected  in  the  month  of  February  also,  any  elector  who  was  regis- 
tered as  a  voter  at  one  of  said  four  meetings  for  registration  in 
the  preceding  year  but  who  did  not  then  enroll  with  any  party, 
may,  except  in  cities  of  the  second  class  or  cities  containmg  a 
population  of  one  million  or  over,  become  specially  enrolled 
in  and  have  his  name  added  to  the  original  enrollment  books 
of,  any  party  in  the  election  district  in  which  he  then  resided 
and  still  resides,  in  the  manner  following:  He  shall  make, 
and  acknowledge  before  an  inspector  of  election  in  the  elec- 
tion district  in  which  he  resides,  or  any  officer  authorized  by 
law  to  take  the  acknowledgment  of  deeds  to  be  recorded 
in  this  state,  and  file  or  cause  to  be  filed,  with  the  cus- 
todian of  primary  records  a  statement  embodying  a  declaration 
in  the  following  form:     "I,  (naming  the  elector)  do  solemnly 


196  Primary  Election  Law  of  1896, 

declare  that  I  reside  at  (specifying  his  residence  address),  and  am  a 
qualified  voter  of  the  (specifying  the  number)  election  district  of 
the  (specifying  the  number)  assembly  district  (or  ward)  in  the  city 
(or  village)  of  (naming  it)  ;  that  at  one  of  the  last  four  preceding 
days  of  registration  I  registered  as  a  voter  in  the  said  election  dis- 
trict, but  did  not  enroll,  and  I  request  that  I  be  specially  enrolled 
with  the  (naming  it)  party;  that  I  am  in  general  sympathy  with 
the  principles  of  the  (naming  it)  party;  that  it  is  my  intention  to 
support  generally  at  the  next  general  election,  state  or  national,  the 
nominees  of  such  party  for  state  or  national  offices ;  and  that  I  have 
not  enrolled  with  or  participated  in  any  primary  election  or  con- 
vention of  any  other  party  since  the  first  day  of  last  year.  The 
word  '  party  '  as  used  herein  means  a  political  organization  which 
at  the  last  preceding  election  of  a  governor  polled  at  least  ten 
thousand  votes  for  governor."  Upon  the  filing  of  such  statement, 
the  custodian  of  primary  records  shall  enroll  such  elector  in  the 
original  enrollment  books  for  the  proper  election  district  and  shall 
record,  in  the  proper  columns  thereof,  the  name  and  residence  ad- 
dress of  such  elector,  the  election  district  in  which  he  is  registered 
as  a  voter,  the  name  of  the  party  designated  in  such  statement,  the 
number  opposite  his  name  on  the  registration  book,  the  fact  that 
the  elector  is  specially  enrolled,  and  the  date  of  such  special  en- 
rollment. If  subsequent  to  any  general  election  and  prior  to  the 
first  day  of  July  next  ensuing,  territory  to  which  this  act  is  not 
applicable  shall  have  become  incorporated  with  a  city  or  village  to 
which  it  shall  then  be  applicable,  any  elector  residing  in  such  an- 
nexed territory  may  become  enrolled  in  and  have  his  name  added 
to  the  original  enrollment  books  of  any  party  for  the  election  dis- 
trict in  which  he  resides,  at  the  time  and  in  the  manner  provided 
in  this  subdivision.  The  enrollment  of  any  such  elector,  so  made, 
heretofore,  is  hereby  legalized,  ratified  and  confirmed  in  all  respects 
as  if  made  in  pursuance  of  the  provisions  hereof.  Nothing  in 
this  subdivision  contained,  giving  the  right  to  specially  enroll  as 
a  member  of  a  party,  shall  apply  to  cities  of  the  second  class  or 
cities  containing  a  population  of  one  million  or  over,  and  in  such 
cities  no  elector  shall  be  permitted  to  enroll  as  a  member  of  a 
party  except  at  one  of  the  four  regular  meetings  for  registration, 
as  provided  in  subdivision  two  of  this  section  of  this  act.  ( Thus 
amended  by  chap.  204,  L.  1900,  chap,  in,  L.  1903,  and  chap. 
674,  L.  1905,  in  effect  June  i,  1905.) 

Subdivision  5.  Except  in  cities  of  the  second  class  and  cities 
containing  a  population  of  one  million  or  over,  an  elector  who  shall 
have  become  of  age  after  the  last  preceding  general  election  may 
at  any  time  other  than  during  the  thirty  days  next  preceding  an 
official  primary  day,  become  specially  enrolled  in,  and  have  his 
name  added  to  the  ori.g^inal  enrollment  books  of  any  partv  in  the 
election  district  in  which  he  resides,  in  the  manner  following: 
Me  shall  make,  and  acknowledge  before  an  inspector  of  elections 
in  the  election  district  in  which  he  resides,  or  any  officer  author- 


Primary  Election  Law  of  1899.  197 

ized  by  law  to  take  the  acknowledgment  of  deeds  to  be  recorded 
in  this  state,  and  file  or  cause  to  be  filed  with  the  custodian  of 
primary  records  a  statement  embodying  the  declaration  contained 
in  subdivision  four  of  this  section,  except  that  instead  of  the 
words  indicating  that  the  elector  was  registered  at  one  of  the  last 
four  preceding  days  of  registration  but  did  not  enroll,  words 
indicating  that  he  has  become  of  age  since  the  last  preceding 
general  election  shall  be  used.  Upon  the  filing  of  such  statement, 
the  custodian  of  primary  records  shall  enroll  such  elector  in 
the  original  enrollment  books  for  the  proper  election  district,  and 
shall  record  in  the  proper  columns  thereof,  the  name  and  resi- 
dence address  of  such  elector,  the  fact  that  he  has  become 
specially  enrolled,  the  date  of  such  special  enrollment,  and  the 
fact  that  he  has  become  of  age  since  the  last  preceding  general 
election.  Nothing  in  this  subdivision  contained  giving  to  electors 
who  shall  have  become  of  age  after  the  last  preceding  general 
election  the  right  to  specially  enroll,  shall  apply  to  cities  of  the 
second  class  or  cities  containing  a  population  of  one  million  or 
over,  and  in  such  cities  no  elector  shall  be  permitted  to  enroll  as 
a  member  of  a  party  except  at  one  of  the  four  regular  meetings 
for  registration  as  provided  in  subdivision  two  of  this  section  of 
this  act.  (Thus  amended  by  chap,  iii,  L.  1903,  and  chap.  674, 
L.  1905,  in  effect  June  i,  1905.) 

Subdivision  6.  If,  after  being  enrolled  as  a  member  of  a  party 
in  one  election  district,  either  by  original  enrollment  or  by  trans- 
fer, an  elector  shall  move  into  another  election  district  in  the 
same  city  or  village,  he  may,  except  in  cities  of  the  second  class 
and  cities  containing  a  population  of  one  million  or  over,  at  any 
time  between  the  first  day  of  February  of  any  year  and  the  thir- 
tieth day  before  the  annual  primary  day,  except  during  the  thirty 
days  before  the  official  primary  day  in  March,  as  herein  provided, 
become  enrolled  therein  as  a  member  of  the  same  party  by  mak- 
ing, acknowledging,  and  filing,  or  causing  to  be  filed,  with  the 
custodian  of  primary  records,  a  statement  specifying  the  name  of 
the  party  with  which,  and  the  election  district  in  which  he  is 
enrolled,  and  the  election  district  into  which  he  has  moved,  and 
stating  that  he  resides  in  the  last  mentioned  election  district,  and 
desires  to  be  enrolled  therein  as  a  member  of  such  party.  Upon 
the  filing  of  such  statement  the  custodian  of  primary  records  shall 
enroll  the  name  of  such  elector  in  the  original  enrollment  books 
for  the  proper  election  district,  specifying  the  district  from  which 
he  is  transferred,  and  shall  also  make  a  minute,  opposite  the  entry 
of  his  name  in  the  original  enrollment  books  of  the  election  dis- 
trict from  which  he  has  removed,  showing  the  election  district 
to  which  his  name  is  transferred.  Nothing  in  this  subdivision 
contained  giving  the  right  of  transfer,  as  herein  stated,  shall 
apply  to  cities  of  the  second  class  or  cities  containing  a  popula- 
tion of  one  million  or  over,  and  in  such  cities  no  elector  shall  be 
permitted  to  take  part  in  any  primary  election  of  any  party  other 


198  Primary  Election  Law  of  1899. 

than  the  party  with  which  and  in  the  election  district  in  which 
he  enrolled  at  one  of  the  four  regular  meetings  for  registration, 
as  provided  in  subdivision  two  of  this  section  of  this  act.  {Thus 
amended  by  chap.  11 1,  L.  1903,  and  chap.  674,  L.  1905,  in  effect 
June  I,  1905.) 

Subdivision  7.  The  custodian  of  primary  records  shall  annually 
provide  a  duplicate  set  of  enrollment  books  for  each  party  to 
which  this  act  shall  then  be  applicable,  and  shall,  in  the  month  of 
December  of  each  year,  deliver  one  set  of  such  books  to  the  chair- 
man of  the  proper  general  committee  of  each  such  party.  Such 
duplicate  books  shall  conform  in  all  respects  to  the  form  of  the 
original  enrollment  books,  and  all  entries  in  such  original  enroll- 
ment books,  completed  to  December  fifteenth,  when  such  books 
are  prepared  for  election  districts  outside  of  a  city  of  the  second 
class  or  a  city  containing  a  population  of  one  million  or  over  shall 
be  transferred  thereto.  The  custodian  of  primary  records  shall, 
whenever  requested  so  to  do  by  the  chairman  of  the  proper  gen- 
eral committee  of  any  party  to  which  this  act  is  applicable  and 
upon  the  delivery  to  him  of  that  party's  duplicate  enrollmentbook 
for  any  election' district,  of  a  city  or  village  other  than  a  city  of 
the  second  class  or  a  city  containing  a  population  of  one  million 
or  over  make  such  additions  thereto  and  changes  therein  as  may 
be  necessary  to  cause  the  same  to  conform  to  the  original  enroll- 
ment books  of  that  election  district,  completed  to  the  fifteenth 
day  of  the  month  during  which  such  request  is  made,  and  shall, 
as  promptly  as  possible,  return  the  same  to  such  chairman  or 
his  duly  authorized  representative,  accompanied  by  a  certificate 
that  each  such  duplicate  book  is  a  correct  copy  of  the  original,  as 
of  such  date.  The  custodian  of  primary  records  within  a  city  of 
the  second  class  or  a  city  containing  a  population  of  one  million 
or  over,  shall  certify  to  such  chairman  that  each  such  duplicate 
book  is  a  correct  copy  of  the  original  enrollment  book  made  dur- 
ing the  four  days  of  registration  of  electors  for  the  preceding 
general  election.'  At  all  unofficial  primary  elections  of  a  party, 
the  certified  duplicate  enrollment  books,  completed,  in  the  case  of 
election  districts  outside  of  a  city  of  the  second  class  or  a  city 
containing  a  population  of  one  million  or  over,  to  the  first  day  of 
the  month  preceding  the  month  in  which  the  primary  election  is 
held,  shall  be  used,  and  no  elector  shall  be  allowed  to  take  part 
in  such  primary  election  as  a  resident  of  an  election  district,  un- 
less his  name  is  upon  the  duplicate  enrollment  book  for  that  dis- 
trict, showing  that  he  is  enrolled  with  the  party  in  whose  primary 
election  he  seeks  to  participate.  (Thus  amended  by  chap,  iii, 
L.  1903,  and  chap.  674,  L.  1905,  in  effect  June  i,  1905.) 

Subdivision  8.  The  original  enrollment  books  shall  be  used  at 
all  official  primary  elections,  and  shall  be  delivered  by  the  cus- 
todian of  primary  records  to  the  proper  boards  of  election  in- 
spectors immediately  before  the  opening  of  the  polls  on  each 
official  primary  day,  and  shall  be  returned  to  such  custodian  forth- 
with, after  the  completion  of  the  canvass  of  the  votes.     Such 


Primary  Election  Law  of  1899.  ^99 

enrollment  books  shall  go  into  effect  on  the  first  day  of  January 
following  the  days  of  registration  on  which  they  are  begun,  and 
shall,  with  any  additions  or  changes  made  as  herein  provided, 
remain  in  force  until  the  first  day  of  the  following  January,  when 
they  shall  be  superseded  by  the  new  enrollment  books,  as  herein 
provided. 

Subdivision  9.  Except  as  otherwise  expressly  provided  in  this 
act,  only  electors  enrolled  as  herein  provided  shall  be  entitled 
to  participate  in  the  primary  elections  of  their  respective  parties. 
No  elector  who  has  registered  as  a  voter  in  the  preceding  year 
shall  be  allowed  to  enroll  in  any  election  district  other  than  that 
in  which  he  was  so  registered  as  a  voter,  unless  the  custodian 
of  primary  records  shall  find  that  he  was  so  registered  in  such 
other  election  district.  No  elector  shall  take  part  in  any  primary 
election  of  any  party  other  than  the  party  with  which  he  shall 
at  the  time  be  enrolled.  In  case,  in  the  interval  between  the 
days  of  registration  and  an  official  primary  day  in  the  succeeding 
year,  a  new  election  district  shall  be  created,  or  the  boundaries 
of  an  election  district,  or  the  number  of  any  ward,  or  assembly 
district,  shall  be  changed,  the  custodian  of  primary  records,  shall, 
at  least  thirty  days  prior  to  such  official  primary  day,  prepaie 
two  new  enrollment  books  for  such  district,  or  properly  renumber 
the  enrollment  books  for  such  ward,  or  assembly  district,  which 
enrollment  books  shall  be  in  the  same  form  and  exhibit  the  same 
facts  as  the  enrollment  books  then  in  force  in  the  territory  com- 
prised within  such  new  or  changed  district,  or  renumbered  ward 
or  assembly  district,  but  shall  contain  only  the  names  of  all  the 
voters,  who  as  shown  by  the  enrollment  books  then  in  force  in 
such  territory  are  the  enrolled  voters  of  the  respective  political 
parties  resident  within  such  new  or  changed  election  district,  or 
renumbered  ward  or  assembly  district.  And,  in  that  event,  such 
new  enrollment  books  shall  supersede  the  enrollment  books  then 
in  force  in  such  territory,  and  the  custodian  of  primary  records 
shall  be  charged  with  the  same  duties  concerning  the  same  and 
any  duplicate  sets  thereof  or  transcripts  therefrom  as  are  herein 
provided  with  respect  to  the  enrollment  books  begun  on  the 
days  of  registration.  The  enrollment  books  herein  provided  for 
and  any  declarations  filed  on  enrollment  shall  be  public  records, 
and  shall  be  open  to  inspection  and  copying  at  any  time  by  any 
person,  except  for  the  period  during  which  they  are  required  to 
remain  sealed  as  herein  provided.  It  shall  be  the  duty  of  the 
custodian  of  primary  records  to  certify  to  the  correctness  of  any 
transcript  of  such  enrollment  books,  or  of  any  part  thereof,  on 
the  payment  of  one  cent  for  every  twenty  names  contained  in  the 
transcript ;  wherever  the  custodian  of  primary  records  is  a  salaried 
officer,  the  fees  received  by  him  for  certifying  such  transcripts 


200  Primary  Election  Law  of  1899. 

shall  be  paid  into  the  public  treasury.  Such  a  certified  transcript, 
containing  the  name  and  showing  the  enrollment  of  any  elector, 
shall  be  sufficient  evidence  of  such  enrollment.  The  custodian 
of  primary  records  shall  give  to  any  elector  enrolled  or  trans- 
ferred, as  in  this  section  provided,  a  certificate  of  enrollment  or 
of  transfer,  which  shall  specify  the  name  of  the  party  with  which 
he  is  enrolled,  the  date  of  enrollment  or  transfer,  and  the  election 
district  in  which  such  elector  is  enrolled.  The  acknowledgments 
required  to  be  made  by  this  section  may  be  made  before  an  in- 
spector of  election  of  the  district  in  which  the  elector  making  it 
resides,  or  before  any  officer  authorized  by  la\v  to  take  the  ac- 
knowledgment of  deeds  in  this  state.  No  elector  who  has  once 
enrolled  in  a  political  party  shall  be  permitted  to  enroll  in  an- 
other political  party  before  the  first  of  the  next  four  days  of 
registration.  Only  electors  at  the  time  residing  in  the  election 
district  and  who  registered  as  electors  in  the  same  city  or  vil- 
lage in  the  last  preceding  year,  or  who  shall  have  become  of  age 
after  the  last  preceding  general  election,  and  whose  names  are  not 
already  on  the  rolls  of  any  party,  shall  be  entitled  to  specially 
enroll.  The  declarations  and  enrollment  blanks  filed  by  electors 
at  the  time  of  registration  or  in  the  special  enrollment  shall  be 
public  records  and  shall  be  kept  on  file  until  one  year  thereafter. 
No  person  shall  be  required  to  enroll,  nor  shall  his  failure  to  do 
so  afifect  his  right  to  register  for  the  purpose  of  voting  at  any 
election. 

Subdivision  10.  In  a  city  containing  a  population  of  one  mil- 
lion or  over,  the  public  officer' or  board  at  the  time  charged  with 
the  duty  of  publishing  the  registration  lists  of  electors  in  such 
city  shall,  between  the  fifteenth  day  of  December  and  the  first 
day  of  January,  cause  to  be  published  in  like  manner  and  at 
public  expense  a  transcript  of  the  enrollment  books  of  each  elec- 
tion district  in  such  city,  omitting  all  entries  except  the  names, 
the  residence  addresses,  and  the  party,  if  any,  recorded  opposite 
the  respective  names.  The  custodian  of  primary  records  shall 
provide  such  transcript  for  publication.  ( Thus  amended  by  chap. 
Ill,  L.   1903.) 

Supplemental  enrollment. —    Since  the  enactment  of  Laws  of  1903,  chap- 
ter III,  amending  this  section,  there  is  no  way  under  a  statute  in  the  city 


Primary  Election  Law  of  1899,  200a 

of  New  York  for  changing  the  enrollment.  The  roll  is  permanent  for  a 
year  and  cannot  be  amended  or  changed  by  judicial  action,  although  in 
the  interim  an  enrolled  voter  may  have  died  or  moved  out  of  the  election 
district  in  which  he  had  enrolled.  (People  ex  rel.  Moscowitz  v.  Voorhis, 
41  Misc.  360,  84  N.  Y.  Supp.  848.) 

Subdivision  11,  This  subdivision  shall  apply  only  to  cities  con- 
taining a  population  of  one  million  or  over.  If  any  statement  in 
the  declaration  of  any  person,  on  the  evidence  of  which  his  name 
was  enrolled  in  the  original  enrollment  book  for  any  election 
district  by  the  custodian  of  primary  records,  or  if  any  entry 
opposite  the  name  of  any  person  in  such  enrollment  book,  is 
false,  or  if  any  person  enrolled  in  such  enrollment  book  has  died, 
or  has  removed  from  or  no  longer  resides  in  such  election  dis- 
trict, any  elector  of  the  assembly  district  in  which  such  election 
district  is  located  (provided  such  elector  is  himself  duly  enrolled 
with  the  same  political  party  with  which  the  person,  as  to  whom 
the  application  is  made,  was  enrolled)  may  present  proof  thereof 
by  affidavit  to  the  supreme  court,  or  to  any  justice  thereof,  in 
the  judicial  district  in  which  such  election  district  is  located,  or 
to  a  county  judge  of  the  county  in  which  such  election  district  is 
located.  And  thereupon  such  court,  justice  or  judge  shall  make 
an  order  requiring  the  person  against  or  as  to  whom  the  proceed- 
ing is  instituted  unless  he  is  shown  to  have  died  as  hereinafter 
provided,  to  show  cause  before  such  court,  justice  or  judge,  at  a 
time  and  place  specified  in  such  order,  why  his  name  should  not 
be  stricken  from  such  enrollment  book.  Such  order  shall  be 
returnable  on  a  day  at  least  ten  days  before  a  primary  election, 
and  a  copy  thereof  shall  be  served  on  the  person  against  whom 
the  proceeding  is  instituted  and  on  the  custodian  of  primary 
records  at  least  forty-eight  hours  before  the  return  thereof, 
either  personally  or  by  depositing  the  same  in  the  postoffice  of 
the  city  in  which  such  election  district  is  located,  in  a  postpaid 
wrapper  or  envelope  addressed  to  the  custodian  of  primary 
records  at  his  office,  and  to  such  person  by  his  name  at  his 
present  address,  if  known,  and  otherwise  at  the  address  which 
appears  in  the  enrollment  book  for  such  election  district.  If 
the  person  as  to  whose  name  the  application  is  made  is  claimed 
to  be  dead,  the  order  to  show  cause  hereinabove  provided  for 


20ob  Primary  Election  Law  of  1899. 

shall  be  directed  to  the  custodian  of  primary  records,  and  service 
thereof  need  only  be  made  upon  such  custodian  of  primary 
records,  such  service  to  be  made  in  the  manner  heretofore  in  this 
subdivision  specified ;  but  an  order  requiring  the  custodian  of 
primary  records  to  show  cause  why  the  name  of  a  person  claimed 
to  be  dead  should  not  be  stricken  from  the  enrollment  book  shall 
not  be  made  unless  the  affidavit  presented  to  the  court,  justice 
or  judge  by  the  elector  instituting  the  proceeding  shall  state  that 
such  elector  has  personal  knowledge  of  the  death  of  the  person 
with  respect  to  whose  name  the  application  is  made  and  unless 
such  affidavit  is  substantiated  either  by  a  certificate  of  the  health 
department  or  by  other  competent  evidence  of  such  death.  The 
custodian  of  primary  records  shall  produce  before  the  court,  jus- 
tice or  judge,  the  original  enrollment  declaration  subscribed  by 
the  person  against  or  as  to  whom  the  proceeding  is  instituted. 
The  court,  justice  or  judge  shall  hear  the  persons  interested, 
and  if  it  appears  by  sufficient  evidence  that  any  statement  in  the 
declaration  of  the  person  against  whom  the  proceeding  is  insti- 
tuted, on  the  evidence  of  which  he  was  enrolled  by  the  custodian 
of  primary  records,  or  any  statement  opposite  his  name  in  the 
original  enrollment  book,  is  false,  or  that  such  person  is  dead  or 
has  removed  from  or  no  longer  resides  in  the  election  district 
for  which  he  is  enrolled,  shall  order  the  name  of  such  person 
stricken  from  the  enrollment  book,  except  as  hereinafter  pro- 
vided. If  at  such  hearing  the  person  against  whom  the  proceed- 
ing is  instituted  shall  produce  evidence  that  the  custodian  of 
primary  records  has  incorrectly  copied  into  the  enrollment  book 
the  data  contained  in  the  declaration  of  such  person,  and  that  if 
correctly  copied  such  person  would  be  entitled  to  be  enrolled  in 
such  election  district,  such  order  instead  of  requiring  his  name  to 
be  stricken  from  the  enrollment  book,  shall  require  the  correction 
of  the  enrollment  book  in  accordance  with  such  evidence.  In 
either  case  the  order  shall  require  the  custodian  of  primary  rec- 
ords to  strike  such  name  from  the  enrollment  book,  or  to  other- 
wise correct  such  enrollment  book  in  accordance  with  such  order. 
Upon  the  correction  of  such  enrollment  book  in  accordance  with 
such  order,  the  custodian  of  primary  records  shall  certify  such 
correction  to  the  chairman  of  the  general  committee  of  each  party 


Primary  Election  Law  of  1899.  200c 

to  whom  a  duplicate  set  of  enrollment  books  has  been  delivered 
in  pursuance  of  subdivision  seven  of  this  section.  {Added  by 
chap.  350,  L.  1904.) 

Subdivision  12.  This  subdivision  shall  apply  only  to  cities  con- 
taining a  population  of  one  million  or  over.  If  any  person  is 
not  in  sympathy  with  the  principles  of  the  political  party  with 
which  such  person  is  enrolled,  any  elector  of  the  assembly  dis- 
trict in  which  such  election  district  is  located  (provided  such 
elector  is  himself  duly  enrolled  with  the  same  political  party 
with  which  the  person,  as  to  whom  the  application  is  made,  was 
enrolled)  may  present  proof  thereof  by  affidavit  to  the  chairman 
of  the  county  general  committee  of  the  political  party,  with  which 
the  elector  enrolled,  and  the  chairman  of  such  county  general 
committee  shall  issue  a  notice  requiring  the  person  against  or  as 
to  whom  the  proceeding  is  instituted,  to  show  cause  before  such 
chairman  of  the  county  general  committee,  or  a  subcommittee 
appointed  by  such  chairman,  at  a  time  and  place  specified  in 
such  notice  why  his  name  should  not  be  stricken  from  such  en- 
rollment book.  Such  notice  shall  be  returnable  on  a  day  ?t 
least  fifteen  days  before  a  primary  election,  and  a  copy  of  the 
affidavit  shall  be  served  on  the  person  against  whom  the  pro- 
ceeding is  instituted  and  on  the  custodian  of  primary  records 
at  least  forty-eight  hours  before  the  return  thereof,  either  per- 
sonally or  by  depositing  the  same  in  the  postoffice  of  the  city 
in  which  such  election  district  is  located,  in  a  postpaid  wrapper 
or  envelope  addressed  to  the  custodian  of  primary  records  at 
his  office,  and  to  such  person  by  his  name  at  his  present  address, 
if  known,  and  otherwise  at  the  address  which  appears  in  the 
enrollment  book  for  such  election  district.  The  chairman  of  such 
committee  shall  in  his  discretion  personally  hear  the  persons 
interested  in  the  proceeding  or  appoint  a  subcommittee  to  take 
testimony,  and  in  such  event  the  action  of  the  subcommittee  shall 
not  be  final  unless  approved  of  by  the  chairman  of  such  county 
general  committee,  and  if  it  appears  by  sufficient  evidence  that 
such  person  is  not  in  sympathy  with  the  principles  of  the  politi- 
cal party  with  which  such  person  enrolled,  the  chairman  of  the 
county  general  committee  shall  cause  to  be  filed  a  certificate  with 
the  board  of  elections  or  with  the  custodian  of  primary  records 


20od  Primary  Election  Law  of  1899. 

setting  forth  reasons  why  the  name  of  such  person  shall  be 
stricken  from  the  enrollment  book,  together  with  a  record  of  the 
proceedings  had  in  the  matter.  It  shall  be  the  duty  of  the  board 
of  elections  or  the  custodian  of  primary  records  to  make  applica- 
tion to  the  supreme  court  or  to  any  justice  thereof  in  the  judicial 
district  in  which  such  election  district  is  located,  or  to  a  county 
judge  of  the  county  in  which  such  election  district  is  located,  for 
an  order  requiring  the  person  against  or  as  to  whom  the  proceed- 
ing is  instituted,  to  show  cause  before  such  court,  justice  or 
judge,  at  a  time  and  place  specified  in  such  order,  why  the  de- 
cision of  the  chairman  of  such  county  general  committee  should 
not  be  confirmed.  Such  order  shall  be  returnable  on  a  day  at 
least  five  days  before  a  primary  election,  and  a  copy  thereof  shall 
be  served  on  the  person  against  whom  the  proceeding  is  insti- 
tuted at  least  forty-eight  hours  before  the  return  thereof  in  a 
manner  as  hereinbefore  provided.  The  court,  justice  or  judge 
upon  approving  of  the  finding  of  the  chairman  of  such  county 
general  committee  shall  issue  an  order  to  the  board  of  elections 
or  to  the  custodian  of  primary  records  requiring  the  name  of  the 
elector  to  be  stricken  from  the  enrollment  book.  (Added  by  chap. 
488,  L.  1904-) 

L.  1905,  clwp.  674,  §  4.  Within  thirty  days  after  this  act  takes  effect,  any 
elector  in  a  city  of  the  second  class  who  has  registered  as  a  voter  at  one 
of  the  four  meetings  for  registration  in  the  year  nineteen  hundred  and 
four,  but  who  did  not  then  enroll  with  any  party  may  become  specially 
enrolled  in,  and  have  his  name  added  to  the  original  enrollment  books  of, 
any  party  in  the  election  district  in  which  he  then  resided  and  still  resides, 
in  the  manner  provided  by  subdivision  four  of  section  three  of  the  primary 
election  law.  Within  thirty  days  after  this  act  takes  effect,  an  elector  in 
a  city  of  the  second  class  who  shall  have  become  of  age  since  the  general 
election  of  nineteen  hundred  and  four  may  become  specially  enrolled  in, 
and  have  his  name  added  to,  the  original  enrollment  books  of  any  party 
in  the  election  district  in  which  he  resides,  in  the  manner  provided  by 
subdivision  five  of  section  three  of  the  primary  election  law.  Within 
thirty  days  after  this  act  takes  effect,  an  elector  in  a  city  of  the  second 
class  who  shall  have  enrolled  as  a  member  of  a  party  in  one  election  dis- 
trict therein,  but  has  since  moved  into  another  election  district  in  the  same 
city  may  become  enrolled  therein  as  a  member  of  the  same  party,  in  the 
manner  provided  by  subdivision  six  of  section  three  of  the  primary 
election  law.  The  supplemental  enrollments  provided  for  by  this  section 
shall  for  the  year  nineteen  hundred  and  five  have  the  same  force  and 
effect  as  if  made  pursuant  to  the  primary  election  law  as  it  existed  prior 
to  the  amendments  made  thereto  by  this  act. 

§  4.  Primary  elections. —  Subdivision  i.  In  a  year  when  a  presi- 
dent and  vice-president  of  the  United  States  are  to  be  elected, 
the  tenth  Tuesday  before  the  day  of  general  election,  and  in  other 
years  the  seventh  Tuesday  before  the  day  of  general  election, 
shall  be  known  as  the  annual  primary  day,  and  in  all  cities  and 
villages  to  which  this  act  is  applicable  each  party  shall  on  such 
day  hold  primary  elections  for  the  following  purposes: 

First.  The  election  of  delegates  to  all  political  conventions  ex- 
cept conventions  made  up  of  delegates  who  by  the  rules  and 


Primary  Election  Law  of  1899.  201 

regulations  of  the  party  are  chosen  by  other  conventions  and  nOt 
at  primary  elections,  and  conventions  called  to  meet  prior  to  such 
primary  day  for  the  purpose  of  nominating  candidates  to  be  voted 
for  at  special  elections. 

Second.  For  the  nomination  of  all  candidates  for  public  offices 
to  be  voted  for  at  the  ensuing  election  who  by  rule  adopted  by  a 
party  pursuant  to  section  twelve  of  this  act,  are  to  be  nominated 
at  a  primary  election  and  not  at  a  convention ;  and  for  the  elec- 
tion of  committeemen  whose  duty  it  shall  be  to  fill  vacancies  in 
such  nominations  in  the  cases  prescribed  by  section  sixty-six  of 
the  election  law,  and  in  the  manner  therein  provided  so  far  as  the 
same  is  applicable  thereto.    (Thus  amended  by  chap.  167,  L.  1901.) 

Third.  For  the  election  of  all  committeemen  who  are  to  be 
chosen  at  a  primary  election  and  not  at  a  convention. 

Fourth.  For  the  election  of  alternates  to  delegates,  in  case  the 
rules  and  regulations  of  a  party  shall  so  provide. 

Provided,  however,  that  in  any  county  having  within  its  limits 
a  city  of  the  first  class,  there  shall  be  in  each  even  numbered  year 
and  in  each  odd  numbered  year  in  which  officers  of  the  state, 
other  than  members  of  the  legislature  are  to  be  elected,  two 
annual  primary  days,  the  first  on  the  seventh  Tuesday  before  such 
day  of  general  election  except  as  above  provided  for  a  presidential 
year  and  the  second  on  the  fifth  Tuesday  before  such  day  of  gen- 
eral election.  On  the  first  of  such  days  shall  be  held  the  primary 
elections  for  the  purpose  of  electing  delegates  to  such  conven- 
tions as  are  made  up  of  delegates  representing  more  than  one 
county  or  of  electing  delegates  to  conventions  to  choose  dele- 
gates to  conventions  which  are  made  up  of  delegates  representing 
more  than  one  county ;  and  on  the  second  of  such  days  shall  be 
held  the  primary  elections  for  the  election  of  other  delegates,  the 
nomination  of  candidates  and  the  election  of  committeemen,  as 
provided  in  this  subdivision  one  of  section  four  of  this  act. 
Nothing  herein  contained  shall  be  construed  as  compelling  the 
holding  of  primary  elections  in  such  a  county  on  the  first  of 
such  days  in  odd  numbered  years  in  case  no  delegates  are  to  be 
voted  for  thereat,  but  in  that  event  there  shall  be  in  such  a  year 
in  such  a  county  but  one  annual  primary  day,  and  it  shall  be  on 
the  fifth  Tuesday  before  such  general  election.  The  primary 
elections  held  on  each  primary  day  shall  be  official  primary  elec- 
tions, and  except  as  in  this  provision  provided,  such  elections, 
and  all  inspectors  thereof  and  public  officers  and  boards,  shall 


202  Primary  Election   Law  of   1899. 

fee  subject  to  all  the  provisions  and  charged  with  all  of  the  duties 
4Drescribed  by  this  act  for  the  conduct  of  the  official  primary 
elections  on  the  annual  primary  day. 

Subdivision  2.  In  each  year  when  a  president  and  vice-president 
of  the  United  States  are  to  be  elected  there  shall  be  a  primary  elec- 
tion for  the  choice  of  delegates  to  state  conventions  and  congres- 
sional district  conventions,  or  of  delegates  to  conventions  by 
which  delegates  to  state  conventions  or  congressional  district 
conventions  are  to  be  chosen,  as  the  rules  and  regulations  of  a 
4)arty  may  prescribe,  on  an  additional  official  primary  day  which 
shall  be  the  last  Tuesday  of  March.  The  primary  elections  on 
that  day  shall  be  subject  to  all  the  provisions  of  this  act  for  the 
conduct  of  primary  elections  on  the  annual  primary  day  as  pre- 
scribed in  this  section.  The  expense  of  official  primary  elections, 
including  the  expense  of  preparing  and  copying  new  enrollment 
books  and  the  compensation  herein  provided  to  be  paid  to  pri- 
-mary  election  inspectors,  shall  be  paid  by  the  same  officers  or 
boards  of  the  city  in  which  said  primary  is  held,  and  in  the  same 
jnanner,  as  the  expenses  of  general  elections.  Delegates  to  con- 
ventions to  nominate  candidates  for  member  of  congress  or  to 
conventions  to  elect  delegates  to  conventions  to  nominate  such 
candidates  shall  be  elected  on  the  annual  primary  day,  (Thus 
amended  by  chap.  360,  L.  1901.) 

Subdivision  3.  The  custodian  of  primary  records  shall,  thirty 
days  before  each  official  primary  day,  divide  every  ward  or 
assembly  district  in  a  city  and  every  village  to  which  this  act  is 
applicable,  into  primary  districts,  each  of  which  shall  consist  of 
two  contiguous  election  districts,  except  that  in  case  there  is  an 
odd  number  of  election  districts  in  such  ward,  assembly  district, 
or  village,  the  highest  numbered  election  district  shall  be  a  pri- 
mary district  by  itself.  There  shall  be  two  polling  places  in  each 
of  such  primary  districts  which  shall  be  designated  and  provided 
at  public  expense  by  the  officers  or  boards  whose  duty  it  is  to 
f)rovide  polling  places  for  days  of  general  election,  and  which 
shall  be,  so  far  as  they  are  available,  the  same  places  which  were 
used  for  the  last  preceding  general  election.  The  custodian  of 
primary  records  shall  assign  one  of  the  polling  places  in  each 
f)rimary  district  to  the  party  which,  at  the  last  election  of  a 
governor,  cast  the  highest  number  of  votes  for  governor,  and  at 
the  other  polling  place  in  such  primary  district  there  shall  be 
"field  the  primary  elections  of  all  other  parties. 


Primary  Election  Law  of  1899.  203 

Subdivision  4.  At  least  twenty  days  before  each  official  primary  , 
day  the  chairman  of  the  general  committee  of  each  party  subject  , 
to  the  provisions  of  this  act,  shall  certify  and  deliver  to  the  cus- 
todian of  primary  records  a  statement  of  the  conventions,  com- 
mittees and  offices  for  which  delegates,  members  or  candidates, 
as  the  case  may  be,  are  to  be  elected  thereat,  and  the  number  of 
delegates  to  conventions,  and  members  of  committees,  to  be 
elected  in  each  iniit  of  representation.  The  custodian  of  primary 
records  shall  prepare  a  notice  of  each  official  primary  election 
provided  for  by  this  act,  and  shall  publish  such  notice,  not  more 
than  ten  days  and  not  less  than  five  days  prior  to  such  primary 
election,  in  at  least  one  newspaper  having  a  general  circulation 
in  the  city  or  village,  of  the  political  faith  of  each  of  the  two 
parties  which,  at  the  last  preceding  election  of  a  governor,  cast 
the  highest  and  next  highest  number  of  votes  for  governor.  Such 
notice  shall  specify  the  day  of  such  primary  election,  the  hours  ' 
during  which  it  will  be  held,  the  location  of  each  polling  place, 
the  election  districts  whose  electors  may  vote  at  each  such  polling 
place,  the  name  of  the  party  or  parties  whose  primary  elections 
will  be  held  thereat,  and  the  conventions,  committees  and  offices 
for  which  delegates,  members  or  candidates,  as  the  case  may  be, 
will  be  voted  for  thereat.  All  official  primary  elections  held  in 
pursuance  of  this  act  shall  be  oper  from  two  o'clock  in  the  after- 
noon to  nine  o'clock  in  the  evening.  All  other  primary  elections, 
if  any,  shall  be  open  for  not  less  than  four  hours,  commencing  not 
earlier  than  three  o'clock  in  the  afternoon  and  ending  not  later 
than  ten  o'clock  in  the  evening. 

Subdivision  5.  Notice  of  all  unofficial  primary  elections  shall  be 
given  in  the  same  manner  as  in  the  case  of  official  primary  elec- . 
tions,  except  that  such  notice  shall  be  given  by  the  proper  party 
officers  and  shall  not  be  at  public  expense.     Unofficial  primary 
elections  shall  be  held  in  such  places  within  the  unit  of  representa-^ 
tion  for  which  the  primary  election  is  held,  as  shall  be  desig- 
nated by  the  proper  political  committee,  but  there  shall  be  at 
least  one  polling  place  within  and  for  each   assembly  district,- 
ward  or  village.     No  primary  election  shall  be  held  in  a  saloon- 
or  drinking  place,  or  in  a  room  which  is  more  than  one  flight  of 
stairs  from  the  street  or  not  readily  accessible  from  the  street. 


204  Primary  Election  Law  of  1899. 

The  chairman  and  secretary  of  the  political  committee  calling^ 
an  unofficial  primary  election,  or  under  whose  direction  such  pri- 
mary election  is  held,  shall  post  and  keep  posted  during  the 
election,  at  or  near  the  entrance  to  the  room  where  the  primary 
election  is  held,  so  that  the  same  is  clearly  visible  from  the 
street,  a  conspicuous  notice  calling  attention  to  the  place  at 
which  the  primary  election  is  being  held.  Unofficial  primary 
elections  shall  be  held  at  the  expense  of  the  party  holding  them, 
and,  except  as  herein  otherwise  provided,  shall  be  subject  to  the 
rules  and  regulations  of  such  party. 

§  5.  Primary  election  ofificers. — Subdivision  i.  There  shall 
be  for  each  primary  district  two  boards  of  primary  election  inspec- 
tors, one  of  which  shall  consist  of  the  election  inspectors  for  the 
election  district  or  districts  comprised  within  such  primary  dis- 
trict who  shall,  at  the  time,  represent  the  party  which,  at  the  last 
preceding  general  election  of  a  governor,  have  cast  the  largest 
number  of  votes  for  governor,  and  the  other  of  which  shall  con- 
sist of  the  election  inspectors  who  shall  represent  the  party 
which,  at  such  election,  cast  the  second  largest  number  of  votes 
for  governor,  except  that  in  a  primary  district  co-terminous  with 
an  election  district  each  board  shall  have,  as  an  additional  mem- 
ber thereof,  the  poll  clerk  who  shall  represent  the  same  party 
as  the  two  inspectors  of  election.  The  first  mentioned  of  said 
boards  shall  conduct  the  primary  elections  of  the  party  repre- 
sented by  its  members,  and  the  second  mentioned  of  said  boards 
shall  conduct  the  primary  elections  of  all  other  parties  at  the 
time  entitled  to  hold  official  primary  elections. 

Subdivision  2.  The  election  officers  who  are  required  by  sec- 
tion twelve  of  the  election  law  to  be  appointed  on  or  before  th6 
first  day  of  October  in  each  year,  shall,  in  all  cities  and  villages  to 
which  this  act  is  applicable,  be  appointed,  and  take  office,  at  least 
thirty  days  before  the  first  day  of  October.  The  oath  which  each 
election  officer  is  required  to  take  by  the  provisions  of  section 
twelve  of  the  election  law,  shall  include  his  duties  as  a  primary 
election  officer,  and  all  duties  prescribed  by  this  act.  Removals 
from,  and  vacancies  in,  a  board  of  primary  election  inspectors  on 
an  official  primary  or  enrollment  day  shall  be  made  and  filled  in 
the  same  manner  as  on  a  day  of  registration.     Before  entering 


Primary  Election  Law  of  1899.  205 

upon  their  duties,  the  inspectors  of  each  primary  district  shall 
meet  and  appoint  one  of  their  number  chairman,  or,  if  a  majority 
shall  not  agree  upon  such  appointment,  they  shall  draw  lots  for 
that  position.  The  primary  election  inspectors  serving  on  the 
official  primary  days,  shall  each  be  paid  the  sum  of  five  dollars  for 
each  day  of  such  service.  Before  entering  on  his  duties,  each 
primary  inspector  shall  make  and  subscribe  an  oath  to  faithfully 
perform  his  duties  as  such,  which  oath  shall  form  a  part  of  the 
return  to  the  custodian  of  primary  records. 

§  6,  Ballots,  booths,  supplies,  et  cetera. — The  custodian  of 
primary  records  shall,  not  later  than  twenty  days  prior  to  the 
holding  of  any  oflficial  primary  election  provided  for  in  this  act, 
prescribe  the  size,  color,  weight  and  texture  of  the  paper  to  be 
used  for  the  ballots  at  such  primary  election  and  prepare  sam- 
ples thereof.  The  colors  of  the  ballots  shall  be  such  that  those 
of  each  party  shall  be  easily  distinguishable  from  those  of  all 
the  other  parties  and  shall  be  such  that  the  printing  thereon 
shall  be  easily  legible.  The  paper  shall  be  of  such  weight  and 
texture  as  to  make  it  impossible  to  read  or  decipher  the  printed 
matter  on  the  inside  of  the  ballot  when  it  shall  be  folded.  Each 
ballot  shall  have  printed  or  written  upon  its  face  the  party 
name,  the  assembly  district  or  ward  number  if  any,  the  election 
district  number  when  the  election  district  is  a  unit  of  representa- 
tion, the  names  of  the  positions  to  be  filled  and  the  names  of  the 
persons  voted  for  to  fill  such  positions.  The  size  of  the  ballot 
shall  be  large  enough  for  the  printing  thereon  of  a  complete  set 
of  names  for  all  the  positions  to  be  filled  at  such  primary  elec- 
tion. All  printing  thereon  shall  be  in  black  ink.  Such  sam- 
ple ballots  shall  have  the  words  "  sample  ballot  of  the  (specifying 
it)  party "  printed  thereon,  and  shall  be  exhibited  for  inspec- 
tion during  the  hours  within  which  the  office  of  such  custodian 
is  open  for  business,  and  it  shall  be  the  duty  of  such  custodian 
to  furnish  to  each  member  of  the  board  of  primary  election 
inspectors  and  to  any  elector  applying  for  the  same,  a  sample  of 
the  ballot  for  each  party.  The  custodian  shall  also  furnish  to 
party  committees  or  to  electors,  applying  therefor,  at  cost,  the 
paper  so  designated  to  be  used  for  ballots.  Ballots  to  be  voted 
on  either  of  the  two  official  primary  days  may  be  provided  by 


2o6  Primary  Election  Law  of  1899, 

any  person.  Ballots  not  conforming  to  the  provisions  of  this 
section  shall  not  be  counted  at  any  official  primary  election. 
The  polling  places,  voting  booths,  guard-rails,  distance  markers, 
ballot-boxes,  sample  ballots  and  other  supplies  required  for 
official  primary  elections  shall  be  provided  and  paid  for  by 
the  same  officers,  and  in  the  same  manner,  as  in  the  case  of 
general  elections,  pursuant  to  sections  ten  and  eighteen  of  the 
election  law.  At  all  official  primary  elections  a  separate  box 
with  the  name  and  emblem  of  the  party  and  with  the  number 
of  the  election  district  clearly  and  conspicuously  written  or 
printed  thereon,  shall  be  provided  at  each  polling  place  for  each 
party  participating  in  a  primary  election  at  such  polling  place 
and  for  each  election  district  the  voters  of  which  vote  at  such 
polling  place;  and  there  shall  also  be  a  large  box  for  the  recep- 
tion of  the  unvoted  ballots.  There  shall  be  affixed  to  the  out- 
side of  the  polling  place,  and  in  at  least  two  places  on  the  inside 
thereof,  and  in  a  conspicuous  manner,  placards,  printed  with  large 
sized  and  bold-faced  type,  which  shall  specify  the  name  of  the 
party  or  parties  whose  primary  election  is  being  held  in  such  poll- 
ing place.  It  shall  be  the  duty  of  all  primary  inspectors  to 
receive,  preserve,  and  have  at  their  respective  polling  places  for 
delivery  to  electors  on  any  official  primary  day,  all  unvoted  ballots 
which  may  be  delivered  to  them,  or  any  of  them,  by  any  qualified 
elector  at  any  time  before  the  closing  of  the  polls  on  any  such 

primary  day. 

The  use  of  paper  lighter  in  weight  and  color  is  insufficient  grounds  for 
ordering  a  recoinit  setting  aside  the  declared  result  of  a  primary  elec- 
tion, where  it  was  conducted  without  fraud,  and  it  is  clear  that  the  use 
of  such  paper  did  not  affect  the  result  of  the  election.  (People  ex  rel. 
Abrahams  v.  Voorhis,  45  Misc.  104;  91  N.  Y.  Supp.  595.) 

§  7.  Voting  at  official  primary  elections. —  Subdivision  i. 
When,  at  any  official  primary  election,  an  elector  shall  present 
himself  to  the  board  of  primary  inspectors,  and  declare  his  desire 
to  vote,  he  shall  announce  his  name,  residence  and  party,  and  if  he 
shall  be  found  to  be  duly  enrolled  as  a  member  of  such  party  in 
that  primary  district,  the  board  of  primary  inspectors,  or  a  mem- 
ber thereof,  shall  deliver  to  him  unfolded  one  of  each  of  the 
ballots  of  his  party  intended  for  the  electors  of  the  election  district 
in  which  he  resides,  which  are  in  the  polling  place.  Thereupon, 
and  before  voting,  the  elector  shall  retire  into  one  of  the  booths  of 
the  polling  place.  Immediately  upon  leaving  such  booth  he  shall 
be  permitted  to  vote  by  delivering  to  one  of  the  inspectors  any 


Primary  Election  Law  of  1899.  "^^7 

ballot  which  conforms,  in  external  appearance,  to  the  provisions 
of  this  act,  folded  in  such  a  way  that  none  of  the  printed  or 
written  matter  on  the  inside  thereof  shall  be  visible.  The  inspec- 
tor to  whom  such  ballot  is  so  delivered  shall,  at  once  and  in 
the  presence  of  the  elector,  deposit  it  in  the  proper  ballot-box. 
When  an  elector  shall  have  offered  his  ballot,  and  it  shall  bo  in 
the  ballot-box,  he  shall  deliver  all  of  the  unvoted  ballots  which 
were  delivered  to  him,  each  of  them  so  folded  as  to  conceal  the 
inside  thereof,  to  such  inspector,  and  such  officer  shall,  forth- 
with and  without  opening  the  same  or  revealing  the  contents 
thereof,  deposit  such  ballots  in  the  box  for  unvoted  ballots.  Such 
unvoted  ballots  shall,  on  completion  of  the  canvass,  be  removed 
from  such  box,  and  without  being  examined  be  destroyed.  No 
person  shall  cast  more  than  one  ballot.  No  ballot  which  shall 
have  any  printing,  writing  or  mark  on  the  outside  thereof,  shall 
be  received.  No  ballot  shall  be  in  any  way  marked  for  identifi- 
cation. At  all  primary  elections,  all  ballot-boxes  to  be  used 
thereat  shall  be  opened  and  examined  by  the  board  of  primar\ 
inspectors  in  the  presence  of  the  watchers,  if  any,  before  any 
ballots  are  received;  and  when  empty  shall  be  closed  and  sealed, 
and  not  be  opened  again  until  the  close  of  the  polls  at  such 
primary  election.  The  procedure  shall,  as  far  as  possible,  except 
as  changed  by  the  provisions  of  this  act,  be  the  same  as  that 
provided  for  the  reception  and  deposit  of  ballots  on  the  day  of 
general  election.  When  the  elector  shall  have  cast  his  ballot, 
that  fact  shall  be  recorded  by  the  board  of  primary  inspectors 
by  the  entry  of  the  word  "  voted,"  opposite  his  name  in  the  proper 
column  of  the  original  enrollment  books  provided  therefor. 

Subdivision  2.  The  right  of  an  enrolled  elector  to  participate 
in  any  official  primary  election  shall  be  subject  to  challenge  at  any 
time  before  his  ballot  is  deposited  in  the  ballot-box.  When  any 
enrolled  elector  shall  be  challenged,  the  chairman,  or  one  of  the 
members,  of  said  board,  shall  forthwith  put  to  him  an  oath  or 
affirmation  to  answer  truly  such  questions  as  shall  be  put  to  him, 
and  he  shall  be  allowed  to  vote  if,  and  only  if,  he  shall  make 
such  oath  or  affirmation,  and  shall  answer  in  the  affirmative  each 
of  the  following  questions: 
15 


2o8  Primary  Election  Law  of  1899. 

Are  you  (using  the  name  which  he 

has  given  as  his  name)? 

Do  you  reside,  and  have  you,  for  thirty  days  last  past,  resided 

at (giving  the  address  which  he  has 

given  as  his  residence)? 

Subdivision  3.  From  the  time  of  the  opening  of  the  polls,  until 
the  result  of  the  canvass  of  the  votes  cast  thereat  shall  have  been 
announced,  and  the  official  statements  of  such  canvass  shall  have 
been  signed,  the  ballot-boxes  and  all  voted  ballots  shall  be  kept 
within  the  guard-rail.  No  person  shall  be  admitted  within  the 
guard-rail  during  such  period,  except  primary  election  inspectors, 
duly  authorized  watchers,  persons  admitted  by  the  inspectors  to 
preserve  order  or  enforce  the  law,  and  persons  duly  admitted  for 
the  purpose  of  voting;  provided,  however,  that  any  candidate 
voted  for  may  be  present  at  the  canvass  of  the  votes. 

Subdivision  4.  Watchers,  not  exceeding  one  for  each  election 
district,  may  be  appointed  by  any  political  committee,  and  b)' 
any  two  or  more  of  the  persons  whose  names  are  upon  any  ticket 
to  be  voted  for  at  such  primary  election.  Such  watchers  may  be 
present  at  such  polling  place  and  within  the  guard-rail  from  at 
least  fifteen  minutes  before  the  examination  of  any  ballot-box 
at  the  opening  of  the  polls  of  such  primary  election  until  after  the 
announcement  of  the  result  of  the  canvass  of  the  votes  cast 
thereat  and  the  signing  of  the  statements  thereof  by  the  inspect- 
ors. A  reasonable  number  of  challengers,  at  least  one  person 
for  any  three  or  more  persons  of  each  party  holding  its  primary 
election  at  that  polling  place,  whose  names  are  upon  any  ticket 
to  be  voted  for  at  such  primary  election,  shall  be  permitted  to 
remain  just  outside  the  guard-rail  of  each  such  polling  place, 
and  where  they  can  plainly  see  what  is  done  within  such  rail 
outside  the  voting  booths,  from  the  opening  to  the  close  of  the 
polls  thereat.  No  person  shall,  while  the  polls  are  open,  at  any 
polling  place  do  any  electioneering  within  such  polling  place,  or 
within  one  hundred  feet  therefrom,  in  any  public  street  or  in  any 
building  or  room,  or  in  a  public  manner,  and  no  political  banner, 
poster  or  placard  shall  be  allowed  in  or  upon  such  polling  place 
on  any  primary  day. 


Primary  Election  Law  of  1899.  209 

§8.  Canvass  of  votes. — Subdivision  i.  As  soon  as  the  polls 
at  any  oflficial  primary  election  shall  close,  the  board  of  primary 
inspectors  shall  forthwith  publicly  canvass  and  ascertain  the  result 
thereof,  and  they  shall  not  adjourn  or  postpone  the  canvass  until 
it  shall  be  fully  completed.  All  questions  touching  the  validity 
of  ballots  or  their  conformity  with  the  provisions  of  this  act 
shall  be  determined  by  a  majority  vote  of  the  board  of  primary 
inspectors.  The  room  in  which  such  canvass  is  made  shall  be 
clearly  lighted,  and  such  canvass  shall  be  made  in  plain  view  of 
the  public.  It  shall  not  be  lawful  for  any  person  or  persons  dur- 
ing the  canvass,  to  close,  or  cause  to  be  closed,  the  main  entrance 
to  the  room  in  which  such  canvass  is  conducted,  in  such  manner 
as  to  prevent  ingress  or  egress  thereby.  The  board  of  primary 
inspectors  shall  proceed  to  canvass  the  vote  by  counting  the  bal- 
lots found  in  the  ballot  boxes  without  unfolding  them,  except  so 
far  as  to  ascertain  that  each  ballot  is  single,  and  by  comparing 
the  ballots  found  in  each  box  with  the  number  shown  by  the 
enrollment  books  to  have  been  deposited  therein.  If  the  ballots 
found  in  any  box  shall  be  more  than  the  number  of  ballots  so 
shown  to  have  been  deposited  therein  such  ballots  shall  be 
replaced,  without  being  unfolded,  in  the  box  from  which  they 
were  taken,  and  shall  be  thoroughly  mingled  therein,  and  one  of 
the  inspectors  designated  by  the  board  shall,  without  seeing  the 
same  and  with  his  back  to  the  box,  publicly  draw  out  as  many 
ballots  as  shall  be  equal  to  such  excess,  and,  without  unfolding 
them,  forthwith  destroy  them.  If  two  or  more  ballots  shall  be 
found  in  the  ballot-box  so  folded  together  as  to  present  the  appear- 
ance of  a  single  ballot,  they  shall  be  destroyed  if  the  whole  number 
of  ballots  in  such  ballot-box  exceeds  the  whole  number  of  ballots 
shown  by  the  enrollment  books  to  have  been  deposited  therein, 
and  not  otherwise.  If  there  lawfully  be  more  than  one  ballot-box 
for  the  reception  of  ballots  voted  for  at  any  one  polling  place,  no 
ballot  found  in  the  wrong  ballot-box  shall  be  rejected,  but  shall 
be  counted  in  the  same  manner  as  if  found  in  the  proper  box,  if 
such  ballot  shall  not,  together  with  the  ballots  found  in  the  proper 
ballot-box,  make  a  total  of  more  ballots  than  are  shown  by  the 
enrollment  books  to  have  been  deposited  in  the  proper  box.  The 
chairman  only  of  the  board  of  primary  inspectors  shall  unfold  the 


210  Primary  Election  Law  of  1899. 

ballots  taken  from  the  ballot-box.  When  a  ballot  is  not  void,  and 
a  primary  election  inspector  or  a  duly  authorized  watcher  shall, 
during  the  canvass  of  the  vote,  declare  his  belief  that  any  particu- 
lar ballot  has  been  written  upon  or  marked  in  any  way  for  the 
purpose  of  identification,  the  inspectors  shall  write  on  the  back 
of  such  ballot  "  Objected  to  because  marked  for  identification," 
and  shall  specify  over  their  signatures  upon  the  back  thereof  the 
mark  or  markings  upon  such  ballot  to  which  objection  is  made. 
The  votes  upon  each  such  ballot  shall  be  counted  by  them  as  if 
not  so  objected  to.  If  any  ballots  shall  be  rejected  as  void,  the 
reason  for  such  rejection  shall  be  written  on  the  back  thereof  by 
the  chairman  of  the  inspectors,  or  by  an  inspector  designated  by 
him.  All  ballots  rejected  as  void,  and  all  ballots  protested  as 
marked  for  identification,  shall  be  enclosed  in  a  separate  sealed 
package,  which  shall  be  endorsed  on  the  outside  thereof  with  the 
names  of  the  inspectors,  the  designation  of  the  election  district, 
and  the  number  and  kind  of  ballots  contained  therein.  Such 
package  shall  be  filed  by  the  chairman  of  the  board  of  inspectors 
with  the  original  statement  of  the  canvass.  A  statement  of  the 
number  of  ballots  protested  as  marked  for  identification,  and  of 
the  number  thereof  rejected  as  void,  shall  be  included  in  each  of 
the  statements  of  the  result  of  the  canvass.  If  requested  by  any 
watcher,  the  inspector  shall,  during  the  canvass,  exhibit  any  and 
all  ballots  cast  at  such  primary  election  to  such  watcher,  fully 
opened  and  in  such  condition  that  he  may  fully  and  carefully 
read  and  examine  the  same,  but  such  inspector  shall  not  allow 
any  such  ballot  to  be  taken  from  his  hand. 

Subdivision  2.  Immediately  upon  the  completion  of  such  can- 
vass, the  board  of  primary  inspectors  in  each  primary  district 
shall  make  public  oral  proclamation  of  the  result  thereof,  and 
shall  make  a  written  statement  of  such  result  for  each  election 
district  in  such  primary  district,  and  also  a  duplicate  thereof, 
which  shall  be  known  as  the  duplicate  statement.  Immediately 
after  the  completion  of  such  statements,  such  board  shall  file  the 
original  thereof  with  the  custodian  of  primary  records,  and  shall 
file  the  duplicate  statement  with  the  clerk  of  the  city  or  village. 
In  any  county  which  contains  a  city  or  village  to  which  this  act  is 
applicable  and  has  territory  greater  than  such  city  or  village.  the» 


Primary  Election  Law  of  1899.  211 

officers  presiding  at  primary  elections  held  in  the  political  divi- 
sions of  such  county  outside  of  such  city  or  village  shall  file  with 
the  custodian  of  primary  records  immediately  after  the  holding  of 
every  such  primary  election  a  sworn  statement  of  the  delegates 
and  members  of  general  committees  elected  thereat. 

Subdivision  3.  At  all  reasonable  times  any  watcher  shall  have 
reasonable  opportunity  to  make  a  transcript  of  such  statement, 
or  any  portion  thereof,  and  any  candidate  shall  be  entitled  to 
receive,  upon  demand,  a  written  statement  showing  the  result 
of  the  primary  election  so  far  as  he  is  concerned.  In  the  case 
of  a  primary  election  at  which  persons  are  elected  to  any  con- 
vention or  committee  from  election  districts  as  the  unit  of  rep- 
resentation, the  board  of  primary  inspectors  shall,  promptly 
after  canvassing  the  vote,  deliver  to  each  of  the  persons  who 
receive  the  largest  number  of  votes  as  delegates  to,  or  as  mem- 
bers of,  such  convention  or  committee,  or  to  the  respective  per- 
sons authorized  in  writing  by  them  to  receive  the  same,  a 
certificate  stating  the  total  number  of  votes  cast  for  the  respective 
candidates  and  the  number  thereof  received  by  such  persons 
respectively.  Such  certificate  shall  be  the  evidence  of  the  election 
of  such  persons,  and  shall  entitle  them  and  each  of  them  to  be 
placed  upon  the  roll  of,  and  be  admitted  to,  such  convention 
or  committee.  After  the  close  of  the  canvass  of  the  votes  at  pri- 
mary elections,  the  ballots  cast  thereat,  except  those  rejected  as 
void  or  protested  as  marked  for  identification,  shall  be  replaced 
in  the  ballot-boxes  from  which  they  were  respectively  taken, 
and  such  ballot-boxes  shall  then  be  securely  locked  and  sealed, 
and  shall  be  returned  to  the  officer  from  whom  they  were 
received,  who  shall  safely  keep  the  same;  subject,  however,  to  be 
produced  upon  the  order  of  any  court  of  record  or  judge  thereof, 
for  not  less  than  thirty  days  after  such  primary  election,  and 
until  all  suits  or  proceedings  before  any  court  or  judge  toviching 
the  same  shall  have  been  finally  determined,  when  the  ballots 

shall  be  removed  and,  without  examination,  destroyed.  The  cus- 
todian of  primary  records  shall  not  be  required  to  retain  on  file 
the  enrollment  books  and  other  papers  required  to  be  filed  with 
him  by  the  board  of  primary  inspectors  for  a  period  of  more 
than  three  years  unless  otherwise  directed  by  the  district-attorney 
of  the  county  or  a  judge  or  justice  of  a  court  of  record.  (Thus 
amended  by  chap.  207,  L.  1905,  in  effect  April  17,  1905.) 

Subdivision  4.  The  custodian  of  primary  records  shall  forth- 


212  Primary  Election  Law  of   1899. 

with  proceed  to  canvass  the  statements  so  filed  (except  so  far 
as  they  relate  to  the  election  of  deles^ates  to  conventions  or  mem- 
bers of  committees  from  election  districts  as  the  unit  of  repre- 
sentation), and  shall  complete  such  canvass  within  seventy-two 
hours  from  midnight  of  the  day  on  which  the  primary  election 
was  held.  Such  custodian  shall  thereupon  prepare  certified 
statements  of  the  result  of  the  primary  elections  of  each  party 
participating  therein  and  shall  make  up  the  rolls  of  the  conven- 
tions for  which  delegates  were  elected  at  such  primary  elections, 
so  far  as  such  conventions  are  to  be  made  up  of  such  delegates, 
and  add  thereto  the  names  of  any  delegates  entitled  to  act  in 
such  conventions  from  any  of  the  political  divisions  of  such 
county  not  included  within  any  city  or  village  to  which  this  act 
is  applicable,  as  contained  in  the  statements  filed  with  him  pur- 
suant to  subdivision  two  of  section  eight  of  this  act,  and  shall 
promptly  mail,  and,  if  requested,  deliver  one  copy  thereof  to  the 
respective  secretaries  of  the  proper  political  committees  of  the 
several  parties  participating  in  such  primary  election.  It  shall 
be  the  duty  of  the  custodian  of  primary  records  to  prepare  a  cer- 
tified transcript  of  such  statements,  or  any  portion  thereof,  and 
deliver  the  same  to  any  individual  or  political  committee  upon 
demand  on  payment  of  five  cents  for  every  one  hundred  words 
so  certified.  Wherever  the  custodian  of  primary  records  is  a 
salaried  ofiicer,  the  fees  received  by  him  for  making  such  certi- 
fied transcripts,  shall  be  paid  into  the  public  treasury.  The  sec- 
retary of  any  political  committee  shall  be  entitled  to  receive,  upon 
demand,  a  certificate  of  the  result  of  any  such  election  in  any 
unit  of  representation  comprised  within  the  territory  within  which 
such  committee  represents  a  party.  Such  custodian  shall  also 
promptly  deliver  upon  demand  to  any  person,  who,  by  the  state- 
ments so  filed  and  canvassed,  is  shown  to  have  been  elected 
as  delegate  to  a  convention  or  a  member  of  a  committee,  or 
to  have  been  nominated  as  a  candidate  for  public  office,  a  cer- 
tificate of  such  election  or  nomination,  as  the  case  may  be.  Such 
certificate,  or  a  duplicate  thereof,  shall  be  sufficient  to  entitle 
the  person  named  therein  to  be  admitted  to  the  convention  or 
committee  to  which  he  shall  have  been  elected,  and  upon  filing 
such  certificate  in  the  proper  office  and  at  the  proper  time  prior 
to  election  day,  a  person  nominated  for  public  office  at  such 
primary  election  shall  be  entitled  to  have  his  name  printed  upon 
the  official  ballot  of  his  party,  as  if  he  had  been  nominated  in  the 
manner  provided  in  section  fifty-six  of  the  election  law.  Nothing 
herein  contained  shall  be  construed  as  preventing  the  holding  of 
a  convention  prior  to  the  receipt  by  the  secretary  of  the  proper 
political  committee  of  the  certificate  provided  for  in  this  section, 
provided  the  roll  of  such  convention  shall  be  made  up  of  those 
delegates  who  shall  have  been  duly  elected  as  shown  by  the  origi- 
nal statements  of  the  boards  of  primary  inspectors  in  the  various 


Primary  Election  Law  of  1899.  213' 

election  districts,   and  in  the  statements  filed   pursuant  to   sub- 
division two  of  section  eight  hereof. 

Duty  of  custodian  is  ministerial.  The  duty  imposed  upon  the  custo- 
dian of  primary  records  by  subdivision  4  of  this  section  to  deliver  the 
certificate  of  nomination  to  the  person  who,  by  the  statement  filed  and 
canvassed,  is  shown  to  have  been  nominated,  is  ministerial  and  not  judi- 
cial, and  he  has  no  power  to  receive  or  act  upon  affidavits  tending  to  ex- 
plain, vary  or  contradict  such  statement  and  he  cannot  therefore  deter- 
mine that  certain  votes  cast  for  a  candidate  having  a  similar  name  as  one 
of  the  other  candidates  were  intended  for  such  other  candidate.  (People 
ex  rel.  Callahan  v.  Hunt,  j-,  App.  Div.  sy,  77  N.  Y.  Supp.  973.) 

Canvass  of  votes  by  board  of  elections  in  city  of  New  York.  The  board 
of  elections  of  the  city  of  New  York  as  custodian  of  primary  records  can- 
not be  compelled  by  the  Supreme  Court  to  recount  ballots  returned  by 
boards  of  primary  inspectors  as  void  and  protested,  and  determine 
whether  or  not  those  ballots  alleged  to  be  lawful  were  counted,  and,  if 
not  counted,  add  them  to  the  returns  and  canvass  them.  The  power  of  the 
board  of  elections  in  such  matters  is  ministerial  only.  {Matter  of  Rush, 
42  Misc.  70;  85  N.  Y.  Supp.  581.) 

§  9.  Subdivision  i.  Committees,  and  rules  and  regulations 
of  parties. —  Subdivision  one.  Each  party  shall  have  a  general 
committee  for  each  county,  except  that  in  the  city  of  New  York 
there  may  be,  in  lieu  of,  or  in  addition  to,  a  general  committee 
for  each  county  wholly  therein,  a  general  city  committee  or  gen- 
eral borough  committees,  or  both,  as  the  rules  and  regulations  of 
the  party  may  prescribe,  and  except  that  in  each  city  other  than 
said  city  of  New  York,  and  cities  of  the  first  class,  if  it  be  desired 
by  a  majority  of  the  members  of  such  general  committees  elected 
from  the  wards  of  such  city,  there  shall  be  for  such  city  a  city 
committee  to  consist  of  such  members  so  elected  from  such  wards, 
who  shall  have  power  to  perfect  their  own  organization  under 
such  rules  and  regulations  as  they  may  prescribe  for  the  conduct 
of  the  affairs  of  such  party  affecting  such  city  and  the  wards 
thereof.  Any  party  may  also  have  committees  in  and  for  such 
other  political  subdivisions  as  its  rules  and  regulations  may  pre- 
scribe. All  members  of  general  committees,  and  assembly  dis- 
trict and  ward  committees,  chosen  in  or  from  cities  of  the  first 
class  except  as  otherwise  herein  provided,  shall  be  elected  at  the 
primary  elections,  on  the  annual  primary  day  of  each  year.  In 
the  other  cities  and  villages  to  which  this  act  is  applicable,  except 
as  otherwise  provided  in  this  act,  there  shall  be  elected  at  the 
primary  elections  on  such  day  either  the  members  of  all  general 
committees  elected  from  such  cities  or  villages,  or  the  members 
from  such  cities  or  villages  of  the  conventions  or  committees  by 
which  members  of  the  general  committees  are  to  be  appointed, 
and  in  such  cities  and  villages  the  rules  of  the  party  may  deter- 
mine whether  members  of  general  cominittees  shall  be  elected 
at  primary  elections  or  by  conventions  or  committees  the  mem- 
bers of  which  shall  be  elected  on  the  annual  primary  day  as  above 
provided,  or  by  conventions  or  committees  which  shall  have  been 


214  Primary  Election  Law  of  1899. 

chosen  by  delegates  who  shall  have  been  elected  on  the  annual 
primary  day  as  above  provided.  The  times  when  committees 
elected  at  primary  elections  shall  take  office  shall  be  determined 
by  the  rules  and  regulations  of  the  respective  parties,  except 
that  such  time  shall  not  be  later  than  the  first  day  of  Janu- 
ary succeeding  their  election.  On  the  day  fixed  by  the  rules  and 
regulations,  constitutions  or  by-laws  of  the  party,  the  members  of 
each  general  county  committee  or  city  committee  shall  meet  and 
organize.  They  may  proceed  to  make  and  adopt  rules  and  regu- 
lations, but  unless  so  adopted,  the  rules  or  regulations  adopted 
bv  the  last  preceding  county  or  city  committee  of  said  party  in 
said  county  or  city  shall  remain  in  full  force  and  effect  until  re- 
pealed or  amended  in  accordance  with  the  provisions  of  this  act. 
Members  of  committees  shall  be  apportioned  among  the  various 
units  of  representation  entitled  to  representation  therein  accord- 
ing to  the  rules  hereinafter  prescribed  for  the  apportionment  of 
delegates  to  conventions.  Members  of  committees  in  villages 
shall  be  apportioned  and  shall  hold  office  as  shall  be  provided  in 
the  rules  and  regulations  of  parties.  Each  county  or  city  com- 
mittee and  the  officers  thereof  shall  have  all  the  power  and  au- 
thority and  shall  perform  all  the  duties,  in  respect  to  the  nomina- 
tions of  officers  to  serve  at  general  elections,  conferred  upon  the 
general  committee,  the  county  committee,  the  city  committee, 
the  executive  committee,  or  the  officers  thereof,  given  to  any  party 
in  such  city  or  county  by  section  twelve  of  the  election  law.  ( Thus 
amended  by  chap.    167,  L.   1901,  and  chap.    595,  L.   1903.) 

Kemoval  of  member  of  general  committea  The  members  of  a  gen- 
eral committee  of  a  political  party  cannot  remove  one  of  their  members 
who  has  been  duly  elected  as  provided  in  the  primary  elections  law,  and  a 
member  whose  removal  has  been  attempted  may  be  restored  by  mandamus. 
(People  ex  rcl.  Coffey  v.  Democratic  General  Committee  of  Kings,  164 
N.  Y.  3T,s,  revg  52  App.  Div.  170.) 

Power  to  select  election  officers  lies  in  general  committee  of  party,  and 
court  will  not  interfere.  (Matter  of  Sheehan  v.  McMahon,  44  App. 
Div.  63.) 

City  committee  of  democratic  party  in  Albany  may  fill  every  office  m 
the  committee  not  held  and  controlled  by  the  rules  of  the  general  com- 
mittee of  the  county.     (Wallace  v.  McCabe,  32  Misc.  336-) 

Filling  vacancies.  A  general  county  committee  may  adopt  a  rule  pro- 
viding that  a  vacancy  in  that  body,  created  by  a  resignation  of  one  of  its 
members,  shall  be  filled  for  the  remainder  of  the  unexpired  term  by  a 
majority  vote  of  the  sitting  delegates  from  the  assembly  district  in  whose 
delegation  such  vacancy  occurred.  (People  v.  Republican  General  Com- 
mittee. 63  App.  Div.  438.) 

Effect  of  amendment  of  1901  is  to  permit  a  city  committee,  organized 
by  the  members  of  the  general  committee  of  a  county,  elected  from  the 
several  wards  of  the  city,  to  fix  the  basis  of  representation  of  the  several 
wards  of  the  city  in  the  city  convention,  different  from  that  authorized  by 
the  county  committee.     (Matter  of  Wallace,  36  Misc.   i ;  72  N.  Y.  Supp. 

445) 

Subdivision  2.  The  rules  and  regulations  of  parties,  and  of  the 

conventions  and  committees  thereof,  shall  not  be  contrary  to,  or 


Primary  Election  Law  of  1899.  215 

inconsistent  with,  the  provisions  of  this  act,  or  of  any  other  law, 
and  shall  not  be  amended  except  upon  reasonable  notice.  Every 
political  committee  shall,  within  three  days  after  its  organization, 
file  with  the  proper  custodian  of  primary  records  a  certificate 
specifying  the  names  and  addresses  of  its  chairman  and  secretary, 
and  shall  within  the  same  period  of  time  after  its  adoption  file 
with  said  custodian  a  transcript  of  every  rule  and  regulation  of 
said  party  in  said  county  and  of  every  amendment  thereof  duly 
certified  in  like  manner.  The  rules  and  regulations  of  a  party 
may  prescribe  the  amount  of  annual  dues  to  be  paid  by  each 
member  of  such  committee  to  such  committee,  for  the  purpose 
of  defraying  the  expenses  thereof,  and  may  contain  a  provision 
precluding  any  member  who  may  fail  to  comply  therewith,  from 
participating  in  the  meetings  of  such  committee. 

Rules  of  general  committee,  how  amended.  Rules  adopted  under 
this  section  cannot  be  amended  except  upon  reasonable  notice.  Where 
the  existing  rules  of  the  general  committee  provide  that  the  executive  com- 
mittee shall  consist  of  one  member  from  each  assembly  district,  the  gen- 
eral committee  cannot  decide  the  right  of  an  assembly  district  to  such 
membership,  by  having  the  right  of  the  delegates  of  that  district  to  mem- 
bership in  the  general  committee  contested,  and  then  passing,  without  pre- 
vious notice,  a  resolution  that  one  person  from  each  uncontested  assembly 
district  shall  constitute  the  executive  committee.  {People  ex  rcl.  Garvey  v. 
Democratic  General  Couunittce,  39  Misc.   724.) 

§  10.  Conventions. —  The  delegates  to  every  party  convention 
in  and  for  any  political  subdivision,  chosen  in  any  city  or  village 
to  which  this  act  is  applicable,  shall  be  apportioned  among  the 
units  of  representation  in  such  city  or  village  as  nearly  as  pos- 
sible upon  the  basis  of  the  number  of  votes  cast  therein  for  the 
party  candidate  for  governor  at  the  last  preceding  general  elec- 
tion, except  that  in  any  county  which  is  not  wholly  included 
within  the  boundaries  of  a  city  of  the  first  class,  the  general 
committee  of  the  party  may,  by  its  rules  and  regulations,  con- 
tinue any  existing  system  of  representation  in  conventions.  The 
general  committee  of  any  party  may  also  by  its  rules  and  regu- 
lations apportion  the  voting  power  of  the  delegates  to  a  conven- 
tion in  accordance  with  such  vote  for  governor.  If  the  bounda- 
ries of  any  political  subdivisions  serving  as  units  of  representa- 
tion shall  have  been  changed  since  the  last  preceding  general 
election  at  which  a  governor  was  elected,  the  party  vote  for  gov- 
ernor at  such  election  within  the  limits  of  such  newly  constituted 
units  of  representation  shall  be  estimated  as  closely  as  possible 
and  the  apportionment  of  delegates  shall  be  made  in  accordance 
with  such  estimate.  The  room  designated  for  the  meeting  place 
of  any  convention  shall  have  ample  seating  capacity  for  all  dele- 
gates and  alternates.  Every  convention  shall  be  called  to  ordei 
by  the  chairman  of  the  committee  with  whom  the  call  originates 
or  by  a  person  designated  in  writing  for  that  purpose  by  such 
chairman,  and  such  chairman  or  person  so  designated  shall  have 


2l6  Primary  Election  Law  of  1899, 

the  custody  of  the  roll  of  the  convention  until  it  shall  have  been 
organized.  No  convention  shall  proceed  to  the  election  of  a 
temporary  chairman  or  transact  any  business  until  the  time  fixed 
for  the  opening  thereof  has  arrived  and  at  least  a  majority  of  the 
delegates  or  respective  alternates  named  in  the  official  roll  shall 
be  present.  The  roll-call  upon  the  election  of  temporary  chair- 
man shall  not  be  delayed  more  than  one  hour  after  the  time 
specified  in  the  call  for  the  opening  of  the  convention,  provided 
a  majority  of  the  delegates  are  present.  The  temporary  chair- 
man of  the  convention  shall  be  chosen  on  a  call  of  the  roll,  and 
as  the  name  of  each  delegate  is  called  he  shall  rise  in  his  place 
and  declare  his  choice  for  such  officer.  The  person  who  calls 
the  convention  to  order  shall  exercise  no  other  function  than  that 
of  calling  the  official  roll  of  the  delegates  upon  the  vote  for  tem- 
porary chairman  and  declaring  the  result  thereof.  The  commit- 
tees of  a  convention  shall  be  appointed  by  the  convention,  or  by 
the  temporary  chairman,  as  the  convention  may  order.  Unless 
the  convention  shall  otherwise  order,  the  permanent  chairman 
shall  be  chosen  on  roll-call.  The  permanent  officers  shall 
keep  the  records  of  the  convention,  and,  within  forty-eight  hours 
after  the  adjournment  thereof,  shall  certify  and  file  the  same  in 
the  office  of  the  custodian  of  primary  records.  Before  entering 
upon  their  duties,  the  temporary  and  permanent  chairman  of 
every  convention,  and  the  chairman  and  members  of  any  com- 
mittee on  contested  seats  therein,  shall  respectively  take  an  oath 
to  faithfully  perform  the  duties  of  their  offices,  which  oath  may 
be  taken  before  any  officer  authorized  by  law  to  administer  an 
oath,  and  shall  form  a  part  of,  and  be  filed  with,  the  records  of 
the  convention.  Each  convention  shall  decide  all  questions  as 
to  contested  seats  therein.  All  witnesses  examined  by  or  before 
such  committee  on  contested  seats  shall  be  sworn  by  the 
chairman  or  a  member  thereof  to  tell  the  truth,  the  whole 
truth  and  nothing  but  the  truth  concerning  the  matters  and 
things  then  being  investigated  by  said  committee.  Any  jus- 
:tice  of  the  supreme  court  within  the  judicial  district  in  which  a 
■convention  is  about  to  be  held  or  any  county  judge  of  a  county 
in  which  a  convention  is  about  to  be  held,  shall  have  power, 
upon  application  in  writing  duly  verified,  stating  the  purpose 
and  object  thereof,  to  issue  a  subpoena  to  any  elector  applying 
therefor,  requiring  any  person  within  the  same  county  or  city  in 
which  a  convention  is  about  to  be  held,  to  appear  before  such 
convention  and  testify  before  a  committee  on  contested  seats 
thereof  when  appointed  concerning  any  matter  which  may  be 
investigated  by  said  convention  or  committee  and  to  produce 
thereat  public  records  or  records  of  a  primary  election  or  a  con- 
vention of  the  party  of  which  such  convention  is  about  to  be 
held.  Such  justice  or  judge  shall  issue  such  subpoena  upon  suffi- 
■cient  ground  being  shown  therefor,  but  he  may  deny  the  applica- 


Primary  Election  Law  of  1899.  217 

tion  if  he  deems  it  frivolous  or  scandalous.  Witnesses  attending 
pursuant  to  such  subpoena  shall  be  paid  by  the  applicant  the  same 
fees  which  witnesses  are  entitled  to  receive  upon  trial  of  an  action 
in  a  court  of  record.  Any  elector  desiring  to  contest  the  right  of 
any  other  elector  to  his  seat  in  a  convention  shall  file  with  the 
custodian  of  primary  records  a  notice  of  such  contest  stating  the 
name  and  residence  address  of  the  person  whose  seat  is  to  be  con- 
tested, at  least  forty-eight  hours  before  the  time  fixed  for  hold- 
ing such  convention;  provided  that  if  a  convention  is  called 
to  be  held  in  less  than  forty-eight  hours  from  the  closing  of 
the  polls  of  the  primary  election  such  notice  shall  be  served 
on  the  temporary  chairman  of  the  convention  instead.  It  shall 
be  the  duty  of  said  custodian  of  primary  records  to  transmit 
a  copy  of  such  notice  of  contest  to  the  person  whose  seat  is 
to  be  contested,  either  by  personal  service  upon  him  or  through 
the  mail,  within  twenty-four  hours  after  the  receipt  of  such 
notice.  All  oaths  administered  under  the  provisions  of  this  act 
are  hereby  declared  to  be  oaths  required  by  law,  and  to  be 
necessary  for  the  ends  of  public  justice.  The  rules  and  regula- 
tions of  the  party  may  prescribe  the  method  of  substituting  dele- 
gates in  conventions.  No  convention,  composed  of  delegates 
elected  in  accordance  with  this  act,  shall  be  held  until  after  the 
primary  day  on  which  delegates  thereto  or  delegates  to  conven- 
tions to  elect  delegates  thereto  shall  have  been  elected. 

Vacancies  in  delegation. —  Where  a  political  party  has  adopted  a  rule 
conferring  power  upon  delegations  to  fill  vacancies  in  the  delegation,  it  is 
not  improper  for  the  chairman  to  call  a  meeting  three  hours  before  the 
convention,  on  written  notice  served  on  each  delegate,  and  appoint  sub- 
stitutes for  delegates  not  appearing  at  that  time,  provided,  however,  that 
no  regular  delegate  appearing  at  the  convention  itself  is  excluded  from 
voting  thereat.     (Matter  of  Kennedy,  36  Misc.  721;  74  N.  Y.  Supp.  369.) 

Adjourned  convention. —  Where  it  appears  that  the  chairman  of  a  nomi- 
nating convention  put  a  motion  to  adjourn,  before  the  completion  of  a 
roll-call,  and  in  spite  of  much  noise,  confusion  and  many  protests,  decides 
it  to  have  been  carried  on  a  viva  voce  vote,  it  was  held  that  there  was  no 
certainty  that  the  motion  was  duly  carried  and  that  therefore  a  majority 
of  the  duly  elected  delegates  and  substitutes,  who  make  affidavit  that  they 
voted  against  the  motion,  are  entitled  to  continue  the  proceedings  under 
a  new  chairman.     (Matter  of  Kennedy,  36  Misc.  721 ;  74  N.  Y.  Supp.  369. ) 

§  II.  Jurisdiction  of,  and  review  by,  the  courts. —  Any  action 
or  neglect  of  the  officers  or  members  of  a  political  conven- 
tion or  committee,  or  of  any  inspector  of  primary  election,  or  of 
any  public  officer,  or  board,  with  regard  to  the  right  of  any  person 
to  participate  in  a  primary  election,  convention,  or  committee,  or 
to  enroll  with  any  party,  or  with  regard  to  any  right  given  to,  or 
duty  prescribed  for.  any  elector,  political  committee,  political  con- 
vention, officer  or  board,  by  this  act,  shall  be  reviewable  by  the 
appropriate  remedy  of  mandamus  or  certiorari,  as  the  case  may 
require.  In  addition  thereto,  the  supreme  court,  or  any  justice 
thereof  within  the  judicial  district,  or  any  county  judge  within 


2i8  Primary  Election  Law  of  1899. 

his  county,  shall  have  summary  jurisdiction,  upon  complaint  of 
any  citizen,  to  review  such  action  or  neglect.  Such  a  complaint 
shall  be  heard  upon  such  notice  as  the  said  court  or  justice  or 
judge  thereof  shall  direct.  In  reviewing  such  action  or  neglect, 
the  court,  justice,  or  judge  shall  consider,  but  need  not  be  con- 
trolled by,  any  action  or  determination  of  the  regularly  consti- 
tuted party  authorities  upon  the  questions  arising  in  reference 
thereto,  and  shall  make  such  decision  and  order  as,  under  all 
the  facts  and  circumstances  of  the  case,  justice  may  require.  For 
any  of  the  purposes  of  this  section,  service  of  a  writ  of  man- 
damus, certiorari,  order  or  other  process  of  said  court  or  justice 
or  judge  thereof  upon  the  chairman  or  secretary  of  such  con- 
vention, committee,  or  board,  shall  be  sufficient. 

Correction  of  mistakes. —  An  elector  who,  by  mistake,  wrote  his  name  in 
the  wrong  party  colnmn,  when  enrolling  for  the  primaries,  is  not  entitled, 
under  this  section,  to  an  order  requiring  the  police  board  to  correct  the 
mistake.     (People  ex  rcl.  Smith  v.   York,  34  Misc.   120;  68  N.  Y.  Supp. 

741) 
Review  of  action  of  custodian  of  primary  records. —   The  duty  imposed 

upon  a  custodian  of  primary  records  to  deliver  a  certificate  of  nomination 
to  the  person  who  is  shown  to  have  been  nominated  by  the  statement  filed 
in  his  office  is  ministerial  and  not  judicial.  He  cannot  receive  or  act  upon 
evidence  tending  to  explain,  vary  or  contradict  such  statement.  The  court 
cannot,  in  proceedings  brought  under  the  above  section  to  review  the  action 
of  the  custodian  in  respect  to  such  certificate,  receive  or  consider  such 
evidence.      {Pcoflc  ex  rel.  Calihan  v.  Hunt,  75  App.  Div.  2>3'y  77  N.  Y. 

Supp.  g7?>-^ 

Mandamus  to  compel  recognition  as  member  of  committee. — The  general 
committee  of  a  party  in  a  county  cannot  be  compelled  by  mandamus  to 
recognize  a  person  as  a  member  of  the  committee  and  also  as  a  member  of 
the  executive  committee  where  it  appears  that  such  person  has  not  been 
denied  his  rights  as  such  member  and  no  demand  is  made  that  any  specific 
person  should  be  recognized  as  such  member.  {People  ex  rcl.  Garvey 
v.  Democratic  Committee,  175  N.  Y.  415,  aff'g  82  App.  Div.  173;  81  N.  Y. 
Supp.  784.) 

A  justice  of  the  Supreme  Court  sitting  in  Chambers  cannot  review  the 
action  or  allege  neglect  of  the  mayor  of  a  city  in  appointing  certain  elec- 
tion officers  in  such  city  under  the  authority  granted  by  the  above  section. 
The  designation  of  election  officers  is  in  accordance  with  section  12  of 
the  Election  Law,  and  the  summary  jurisdiction  given  to  justices  in  the 
above  section  of  the  Primary  Election  Law  only  relates  to  the  review  of 
the  action  or  neglect  of  a  public  officer  or  board  with  regard  to  a  right 
given  or  duty  prescribed  bv  that  act.  (Matter  of  McShane  v.  Murphy,  86 
App.  Div.  566;  83  N.  Y.  Supp.  1018.) 

Power  of  court —  The  Supreme  Court  may  set  aside  the  statement  of  a 
canvass  of  votes  cast  at  a  primary  election  fraudulently  made  by  a  board 
of  inspectors,  adjudge  the  true  result,  and  direct  the  board  to  reconvene 
and  make  and  file  a  statement  of  the  result  as  so  adjudged,  and  direct 
the  issue  of  certificates  of  election  to  the  candidates  lawfully  elected. 
(Matter  of  Rabbitt  v.  Garaud,  89  App.  Div.  119;  85  N.  Y.  Supp.  473.) 

§  12.  Nomination  of  candidates  at  primaiy  elections. —  In  case 
the  general  committee  representing  a  party  in  any  city  or  vil- 
lage to  which  this  act  is  applicable,  or  in  a  county  wholly  within 
any  such  city,  or  in  a  borough  of  any  such  city,  shall  adopt,  by 


Primary  Election  Law  of  1899.  219 

a  majority  vote,  a  rule  that  the  nomination  of  that  party's 
candidates  for  specified  pubHc  offices  to  be  filled  wholly  from 
such  subdivision  shall  be  made  at  the  primary  elections  of  the 
party,  then  so  long  as  such  rule  remains  in  force,  the  nomination 
of  that  party's  candidates,  for  the  public  offices  specified  in  such 
rule,  shall  be  made  by  the  enrolled  members  of  the  party  at  the 
official  primary  elections  of  the  party  held  on  the  annual  primary 
day.  Such  rule  shall  be  adopted  at  least  thirty  days  prior  to  said 
annual  primary  day  and  published,  in  the  manner  in  which  notices 
of  primary  elections  are  required  to  be  published  by  this  act,  at 
least  twenty  days  before  such  primary  election.  In  case  nomina- 
tions for  city  or  ward  offices  are  made  in  primary  election  districts 
under  a  rule  adopted  as  prescribed  in  this  section,  certificates 
showing  the  result  of  the  votes  for  the  several  candidates  for 
nomination  in  the  several  districts  shall  be  made  by  the  boards  of 
inspectors  thereof  and  filed  in  the  office  of  the  custodian  of  pri- 
mary records  who  shall  determine  from  such  certificates  the  per- 
sons nominated  for  such  offices.  (Thus  amended  by  chap.  202, 
L.  1900.) 

§  13.  Option  to  certain  parties. —  No  party  which,  at  the  last 
preceding  election  of  a  governor,  cast  less  than  three  percentum 
of  the  entire  vote  cast  in  the  state  for  governor,  shall  be  subject 
to  the  provisions  of  this  act,  unless  on  or  before  the  first  day 
of  July,  in  any  year,  such  party  shall  elect  to  come  in  under  the 
same.  The  evidence  of  such  election  shall  be  a  certificate  filed  by 
the  chairman  and  secretary  of  the  state  committee  of  such  party 
with  the  secretary  of  state  and  with  the  custodian  of  primary  rec- 
ords for  each  city  and  village  to  which  this  act  is  applicable.  In 
case  such  a  certificate  shall  be  so  filed,  the  party  on  behalf  of  which 
it  is  filed,  shall  be  subject  to  the  provisions  of  this  act  on  and 
after  the  first  day  of  registration  next  succeeding,  and  thereafter 
its  enrollment,  primary  elections,  conventions  and  committees  shall 
proceed  in  accordance  therewith  until  such  time  as  a  certificate  of 
its  election  to  be  no  longer  subject  to  the  provisions  of  this  act  shall 
be  filed  with  the  officers  above  mentioned. 

Social  Democratic  party  not  having  cast  three  per  cent,  of  the  entire  vote 
for  governor  in  1900  is  not  subject  to  the  provisions  of  the  Primary  Elec- 
tion Law.     {Matter  of  Ward,  36  Misc.  727;  74  N.  Y.  Supp.  403.) 

i^  14.  Application  of  this  act  to  cities  of  the  third  class  and 
villages. —  No  city  of  the  third  class  or  village  shall  be  subject 
to  the  provisions  of  this  act,  unless  the  general  committee  for 
the  county  in  which  such  city  or  village  is  situated,  of  each  party 
entitled  to  be  represented  by  inspectors  of  election  in  such  city 
or  village,  shall  have  adopted  a  resolution  declaring  that  they 
desire  to  come  in  under  the  provisions  of  this  act.  and  shall  have 
filed,  on  or  before  the  first  day  of  July,  in  any  year,  a  duly 
attested  copy  thereof  with  the  secretary  of  state  and  with  the 


220  Primary  Election  Law  of  1899. 

county  clerk  of  such  county ;  or  unless  the  electors  of  such  city 
or  village  shall  have  voted  at  a  general  election  to  come  in  under 
this  act.  In  such  case  such  city  or  village  shall  be  subject  to 
the  provisions  of  this  act  on  and  after  the  first  day  of  regis- 
tration next  succeeding,  and  the  custodian  of  primary  records 
shall  provide  the  necessary  enrollment  books  prior  to  such  day. 
The  question  whether  or  not  any  such  city  or  village  shall 
come  in  under  this  act  shall  be  submitted  to  the  electors  thereof 
whenever  the  general  committee  of  either  of  said  parties,  for 
the  county  in  which  such  city  or  village  is  situated,  shall  by 
resolution' request  such  submission  and  shall  file  a  duly  attested 
copy  of  such  resolution  with  the  secretary  of  state  and  with  the 
county  clerk,  not  less  than  sixty  days  before  any  general  elec- 
tion, or  whenever  not  less  than  sixty  days  before  any  general 
election  the  electors  of  any  city  or  village  to  which  this  act 
is  applicable  equal  in  number  to  at  least  one-tenth  of  the  votes 
cast  therein  at  the  next  preceding  election  for  state  officers  shall 
by  a  petition  similar  in  form  and  manner  of  execution  to  the  peti- 
tion required  by  the  election  law  for  independent  nominations 
request  the  mayor  of  such  city  or  the  board  of  trustees  of  such 
village  to  submit  the  question  whether  this  act  shall  be  made 
applicable  to  such  city  or  village  to  the  electors  thereof  at  a 
general  election ;  in  either  of  which  cases  it  shall  be  the  duty 
of  the  proper  council  or  board  or  other  officers  of  such  city 
or  village  to  provide  by  ordinance,  resolution  or  otherwise, 
for  the  submission  of  such  question  to  the  electors  thereof  at 
the  next  ensuing  general  election ;  and  such  submission  shall, 
so  far  as  possible,  be  made  in  the  manner  now  prescribed  by 
law  for  submitting  proposed  amendments  to  the  constitution 
of  the  state  to  the  electors  thereof.  A  similar  procedure  shall 
take  any  such  city  or  village  which  has  so  elected  to  come  within 
the  provisions  of  this  act  out  of  such  provisions  and  make  them 
thereafter  no  longer  api)licable  to  such  city  or  village ;  but  if 
the  decision  to  come  under  this  act  was  made  at  a  general  elec- 
tion, such  decision  can  be  changed  only  at  a  general  election. 

§  15.  Repealing  clause. —  All  acts  and  parts  of  acts  incon- 
sistent with  the  ])rovisions  of  this  act  are  hereby  repealed,  in 
so  far  as  they  apply  to  the  parties  and  in  the  places  to  which 
this  act  is,  or  shall  be  applied ;  except  that  nothing  herein  con- 
tained shall  be  construed  as  preventing  the  use  of  the  existing 
original  enrollment  books  at  any  primary  election  held  prior 
to  the  first  day  of  January  in  the  year  nineteen  hundred,  and  said 
enrollment  books  shall  continue  and  be  used  at  all  primary  elec- 
tions held  under  the  provisions  of  this  act  prior  to  that  time, 
provided,  however,  that  in  case  new  enrollment  books  shall  have 
been  prepared  by  the  custodian  of  jirimary  records,  pursuant  to 
the  provisions  of  subdivision  nine  of  section  three  of  this  act, 
such  new  enrollment  books  shall  be  used  at  all  such  primary 
elections. 


Town  Enrollment  Act  of  1902.  220a 


jj.  1902,  Chap.  195? 

AN  ACT  to  provide  for  the  enrollment  of  members  of  political 
parties  in  towns. 

Became  a  law,  March  21,  1902,  with  the  approval  of  the  Governor.    Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Application  of  act. —  Section  i.  This  act  shall  not  apply  to  any 
of  the  counties  embraced  within  Greater  New  York,  nor  to  cities 
of  the  second  or  third  class,  nor  to  any  village  which  shall  be  or 
become  subject  to  the  provisions  of  chapter  four  hundred  and 
seventy-three  of  the  laws  of  eighteen  hundred  and  ninety-nine, 
entitled  "An  act  to  amend  chapter  one  hundred  and  seventy-nine 
of  the  general  laws  of  eighteen  hundred  and  ninety-eight,  en- 
titled 'An  act  in  relation  to  the  enrollment  for  political  parties, 
primary  elections,  conventions  and  political  committees,'  relative 
to  the  enrollment  for  and  holding  of  primary  elections."  In 
any  county  of  the  state,  other  than  those  embraced  within 
Greater  New  York,  it  shall  become  applicable,  and  govern  and 
control  the  enrollment  of  the  members  of  any  political  party  in 
the  several  towns  of  the  county,  except  as  above  specified,  from 
the  first  day  of  September,  succeeding  the  adoption  by  a  majority 
vote  of  the  general  committee  of  the  party,  which  shall  include 
the  affirmative  vote  of  a  majority  of  all  the  members  thereof 
elected  from  the  towns  of  said  county,  and  filing  in  the  office 
of  the  clerk  of  the  county,  of  a  resolution  in  writing,  declaring 
that  the  members  of  such  party  shall  thereafter  be  enrolled  as 
herein  provided ;  but  shall  not  affect  any  primary  election  held 
prior  to  the  first  day  of  January  next  thereafter,  and  in  any  such 
county  the  general  committee  of  any  party  to  which  this  act  may 
be  so  applicable,  may  similarly  adopt  and  file  a  resolution  re- 
scinding such  declaration,  and  thereafter  the  application  of  this 
act  in  any  such  county  shall  cease.  This  act  shall  not  apply  to 
the  counties  of  Allegany,  Broome,  Cattaraugus,  Chautauqua, 
Chenango,  Clinton,  Columbia,  Cortland,  Delaware,  Dutchess, 
Essex,  Franklin,  Fulton,  Genesee,  Greene,  Hamilton,  Herkimer, 
Livingston,  Madison,  Montgomery,  Nassau,  Oneida,  Onondaga, 
Orange,  Orleans,  Oswego,  Otsego,  Putnam,  Rensselaer,  Rock- 
land, Saint  Lawrence,  Saratoga,  Schenectady,  Schoharie,  Schuy- 
ler, Seneca,  Steuben,  Suffolk,  Sullivan.  Tioga,  Tompkins,  Ulster, 
Warren,  Washington,  Wayne,  Westchester  and  Yates. 


220b  'lowx  Enrollment  Act  of  1902. 

Enrollment  books. —  §  2.  In  any  county  to  which  tfiis  act  shall 
so  become  applicable,  the  clerk  of  the  county  shall  cause  to  be 
prepared,  on  or  before  the  fifteenth  day  of  September  in  each 
year,  enrollment  books  to  the  number  of  two  for  each  election 
district  in  the  several  towns  of  the  county,  which  shall  be  so 
arranged  that  the  names  of  all  electors  of  the  election  district 
may  be  inscribed  therein  alphabetically.  There  shall  be  fourteen 
columns  on  each  page.  The  first  for  the  surnames  of  the  elec- 
tors ;  the  second  for  the  christian  names  of  the  electors ;  the 
third  for  the  word  "  yes  ",  if  the  elector  be  enrolled  by  the  elec- 
tion inspectors  upon  their  own  knowledge ;  the  fourth  for  the 
name  of  any  elector  making  oath  to  the  party  affiliation  of  any 
other  elector ;  the  fifth  for  the  name  of  the  party  with  which  an 
elector  is  enrolled ;  the  sixth  for  an  entry  to  show  enrollment  by 
certificate ;  the  seventh  for  the  record  of  any  alteration  of  en- 
rollment, transfer,  or  striking  from  the  enrollment  the  name  of 
any  elector  ;  the  eighth  for  the  word  "  voted  ",  in  case  the  elector 
votes  at  the  first  official  primary  election  of  the  year;  the  ninth 
for  a  record  as  to  challenges,  in  case  of  challenge  thereat ;  the 
tenth  and  eleventh  for  similar  entries,  in  case  he  votes  at  the 
second  official  primary  election  of  the  year;  the  twelfth  and 
thirteenth  for  similar  entries,  in  case  there  be  a  third  official 
primary  election,  or  an  unofficial  primary  election  ;  and  the  four- 
teenth for  any  remarks  not  provided  for  in  any  of  such  other 
columns.  Said  books  with  proper  instructions  shall  be  deliv- 
ered by  the  said  clerk  to  the  election  inspectors  of  the  respec- 
tive election  districts  in  said  towns  immediately  before  the  first 
day  of  registration  in  each  year. 

Entry  in  enrollment  books ;  duties  of  election  officers. —  §  3.  It 

shall  be  the  duty  of  the  election  inspectors  of  the  respective 
election  districts  in  said  towns,  on  the  days  on  which  they  shall 
prepare  the  register  of  electors  in  said  election  districts  respect- 
ively, and  at  the  same  time,  to  enter  in  the  said  enrollment  books 
the  name  of  every  elector  registered  by  them,  for  the  purpose 
of  voting  at  such  election,  whose  political  affiliation  shall  be 
personally  known  to  them,  and  after  the  name  of  each  such 
elector  to  enter  in  the  third  column  the  word  "  yes  "  to  indicate 
such  enrollment  by  them,  and  in  the  fifth  column  the  name  of 
the  party  with  which  he  is  so  enrolled,  and  if  it  shall  be  shown 
to  them  by  any  duly  registered  elector  of  such  district,  under 
oath,  that  any  other  elector  so  registered  by  them,  whose  party 
affiliation  is  not  personally  known  to  them,  is  actually  affiliated 
with  any  party,  it  shall  be  their  duty  to  enter  the  name  of  such 
other  elector  in  said  enrollment  books  and  after  the  name  of 
such  elector,  in  the  fourth  column,  the  name  of  the  elector  so 


Town  Enrollment  Act  of  1902.  220c 

making  oath,  and  in  the  fifth  cokimn  the  name  of  the  party  with 
which  such  elector  shall  testify  that  such  other  elector  is  affili- 
ated. At  the  close  of  the  last  day  of  registration  the  said  in- 
spectors of  election  shall  make  and  sign  a  certificate  that  said 
enrollment  lists  so  prepared  by  them  contain  a  correct  and  true 
statement  of  the  names  of  all  duly  registered  electors  of  said 
election  district  who  are  personally  known  to  them  to  be  affili- 
ated with  any  political  party,  or  who  may  have  been  shown  to 
them,  by  the  oath  of  any  duly  registered  elector,  to  be  so  affili- 
ated with  any  party,  and  within  twenty-four  hours  thereafter  the 
chairman  of  said  board  of  election  inspectors  shall  file  one  of 
said  enrollment  lists  with  the  town  clerk  of  the  town  containing 
such  election  district,  and  the  other  of  said  enrollment  lists  with 
the  said  county  clerk.  The  town  clerks  of  the  several  towns 
shall  at  all  times  keep  on  file  the  blank  forms  described  in  sec- 
tions four,  five  and  six  hereof  in  sufficient  quantities  for  the  use 
of  the  electors  of  the  town. 

Special  enrollment ;  statement  to  be  filed ;  chajige  of  party ;  when 
name  to  be  stricken  from  list. —  ^  4.  At  any  time  prior  to  July 
first  thereafter,  except  during  the  thirty  days  preceding  a  pri- 
mary election  day,  any  elector  who  was  so  duly  registered  as  an 
elector  in  any  of  said  towns,  but  who  was  not  enrolled  with  any 
party,  mav  become  specially  enrolled  in,  and  have  his  name  added 
to,  the  enrollment  list  so  filed  with  the  county  clerk  of  any  party 
in  the  election  district  in  which  he  then  resided  and  still  resides, 
by  making  and  acknowledging  before  any  officer  authorized  by 
law  to  take  the  acknowledgment  of  deeds  to  be  recorded  in  this 
state,  and  filing  or  causing  to  be  filed  with  the  said  county  clerk, 
a  statement  embodying  a  declaration  in  the  following  form:  "  I, 

( )  do  solemnly  declare  that  I  reside  in  ( .) 

and  am  a  duly  qualified   elector   of  the   ( )   election 

district  of  said  town.  That  at  one  of  the  last  preceding  days  of 
registration  I  was  duly  registered  as  an  elector  in  said  election 
district,  but  was  not  enrolled,  and  I  request  that  I  be  specially 

enrolled  with  the   ( )   party.     That   I  am  in  general 

sympathy  with  the  principles  of  the  ( )  party.     That 

it  is  my  intention  to  support  generally,  at  the  next  general  elec- 
tion, the  nominees  of  such  party,  and  that  I  have  not  been  en- 
rolled with,  nor  participated  in,  any  primary  election  or  conven- 
tion of  any  other  party  since  the  first  day  of  last  year."  And 
any  elector  in  any  of  said  towns  who  has  been  so  enrolled  with 
any  party,  but  who  has  been  enrolled  with  a  party  other  than 
that  with  which  he  is  actually  affiliated,  may  have  his  party  affilia- 
tion changed  upon  the  enrollment  list  so  made,  by  striking  out 
the  name  of  the  party  with  which  he  is  so  wrongfully  described  to 


22od  Town  Enrollment  Act  of  1902. 

be  affilated  and  inserting  the  name  of  the  party  with  which  he 
may  declare  he  is  affihated,  by  similarly  making,  acknowledging 
and  filing  or  causing  to  be  filed  a  similar  statement  in  all  re- 
spects, except  that  he  shall  declare  that  he  was  so  wrongfully 
enrolled  and  request  that  his  party  affiliation  be  so  changed. 
And  any  elector  in  any  of  said  towns  who  has  been  so  enrolled 
with  any  party  but  who  desires  to  be  not  enrolled  as  affiliating 
with  any  party,  may  have  his  name  stricken  from  the  enrollment 
list  as  so  made,  by  similarly  making,  acknowledging  and  filing 
or  causing  to  be  filed  a  statement,  embodying  a  declaration  in 

the  following  form :    "  I,  ( )  do  solemnly  declare  that 

I    reside   in   ( )    and   am   a   qualified    elector   of   the 

( )  election  district  of  said  town.     That  at  one  of  the 

last  preceding  days  of  registration  I  was  duly  registered  as  an 
elector    in    said    election    district    and   was    enrolled    with   the 

( )  party,  and  I  request  that  my  name  be  stricken 

from  said  enrollment  list  and  be  not  borne  thereon  as  affiliated 
with  any  party."  Upon  the  filing  of  any  such  statement,  the 
said  county  clerk  shall  cause  the  request  contained  in  such 
statement  to  be  complied  with,  by  adding  the  name  of  the 
elector,  by  changing  the  party  affiliation,  or  by  striking  out  the 
name  of  any  enrolled  elector,  as  the  case  may  be,  in  the  enroll- 
ment list  filed  with  him  for  the  proper  election  district  and  re- 
cording in  the  proper  column  thereof  the  reason  therefor. 

Enrollment  of  voters  who  become  of  age  after  preceding  elec- 
tion.—  §  5.  Any  elector  in  any  of  said  towns  who  shall  have 
become  of  age  after  the  last  preceding  general  election,  may  at 
any  time  other  than  during  the  thirty  days  next  preceding  a 
primary  election  day,  become  specially  enrolled  in,  and  have  his 
name  added  to,  the  enrollment  list  so  filed  with  the  county  clerk, 
of  any  party  in  the  election  district  in  which  he  resides  by  simi- 
larly making,  acknowledging  and  filing  or  causing  to  be  filed 
with  the  county  clerk  a  statement  embodying  the  declaration 
first  set  forth  in  the  last  section,  except  that  instead  of  the  words 
indicating  that  the  elector  was  registered  on  one  of  the  last 
preceding  days  of  registration  but  was  not  enrolled,  words  indi- 
cating that  he  has  become  of  age  since  the  last  preceding  gen- 
eral election  shall  be  used.  Upon  the  filing  of  such  statement, 
the  said  county  clerk  shall  enroll  such  elector  in  the  enrollment 
list  filed  with  him  for  the  proper  election  district  and  shall  record 
in  the  proper  columns  thereof  the  name  of  such  elector,  the 
party  with  which  he  is  enrolled,  the  fact  and  date  of  such  special 
enrollment,  and  the  fact  that  he  has  become  of  age  since  the  last 
preceding  general  election. 


Town  Enrollment  Act  of  1902.  22oe 

Effect  of  change  of  residence. —  §  6.  If  after  being-  enrolled  as 
a  member  of  a  party  in  one  election  district,  either  by  original 
enrollment  or  by  transfer,  an  elector  shall  move  into  another 
election  district  in  said  county,  he  may  at  any  time  between  the 
first  day  of  January  of  any  year  and  the  thirtieth  day  before  any 
primary  election  day,  become  enrolled  therein  as  a  member  of 
the  same  party,  by  making,  acknowledging  and  filing,  or  causing 
to  be  filed,  with  the  county  clerk,  a  statement  specifying-  the 
name  of  the  party  with  which,  and  the  election  district  in  which, 
he  is  enrolled,  and  the  election  district  into  which  he  has  re- 
moved, and  stating  that  he  resides  in  the  last  mentioned  election 
district  and  desires  to  be  enrolled  therein  as  a  member  of  such 
party.  Upon  the  filing  of  such  statement,  the  said  county  clerk 
shall  enroll  the  name  of  such  elector  in  the  enrollment  list  filed 
with  him  for  the  proper  election  district,  specifying  the  district 
from  which  he  is  transferred,  and  shall  also  make  a  minute,  oppo- 
liite  the  entry  of  his  name,  in  the  enrollment  list  filed  with  him 
of  the  election  district  from  which  he  has  removed,  showing  the 
election  district  to  which  his  name  is  transferred. 

County  clerk  to  compile  enrollment  lists. —  §  7.  The  said  county 
clerk  shall  annually  thirty  days  prior  to  each  primary  election 
day,  from  the  said  enrollment  lists  so  filed  with  him,  compile 
enrollment  lists  for  each  party  to  which  this  act  shall  then  be 
applicable,  of  all  the  enrolled  electors  of  such  party  in  each  of 
the  towns  of  said  county,  and  annex  thereto  a  certificate,  under 
his  hand  and  seal,  that  the  same  is  a  correct  and  true  transcript 
from  the  enrollment  lists  of  such  party  so  filed  with  him,  and 
the  changes  and  alterations  therein,  of  the  several  election  dis- 
tricts comprising  such  town,  and  deliver  one  set  of  each  such 
lists  to  the  chairman  of  the  general  committee  of  each  such 
party.  Such  enrollment  lists  shall  conform  in  all  respects  to 
the  form  of  the  enrollment  lists  so  filed  with  him,  and  all  entries 
in  such  original  enrollment  lists  shall  be  shown  thereon,  except 
that  the  names  upon  such  lists  shall  be  arranged  in  alphabetical 
order,  and  each  such  list  shall  contain  all  the  names  of  the  duly 
enrolled  electors  of  such  party  in  the  town  to  which  it  appertains. 

Enrollment  lists,  when  to  take  effect. —  §  8.  The  enrollment 
lists  prepared  by  the  election  inspectors  and  so  filed  with  said 
county  clerk  shall  go  into  effect  on  the  first  day  of  January  fol- 
lowing the  days  of  registration  on  which  they  were  begun,  and 
shall,  with  any  additions  or  alterations  made  as  herein  provided 
remain  in  force  until  the  first  day  of  the  following  January, 
when  they  shall  be  superseded  by  the  new  enrollment  lists,  begun 
as  herein  provided. 


22of  Town  Enrollment  Act  of  1902. 

Who  may  be  enrolled. —  §  9.  Only  electors  who  were  duly  regis- 
tered or  who  shall  have  become  of  age  after  the  last  preceding 
general  election,  shall  be  entitled  to  be  enrolled.  Only  electors 
duly  enrolled  as  herein  provided  shall  be  entitled  to  participate 
in  the  primary  elections  of  the  party  to  which  this  act  shall  then 
be  applicable,  and  no  elector  so  enrolled  shall  take  part  in  any 
primary  election  of  any  party  other  than  the  party  with  which 
he  shall  at  the  time  be  so  enrolled. 

Lists  and  statements  public  records;  duties  of  county  olerk. — 
v<  10.  The  enrollment  lists  herein  provided,  and  any  statements 
filed  relating  thereto,  shall  be  public  records  and  open  for  in- 
spection and  copying  at  any  time  by  any  person.  It  shall  be  the 
duty  of  the  said  county  clerk  to  certify  to  the  correctness  of  any 
transcript  of  any  such  enrollment  lists,  or  of  any  part  thereof, 
on  the  payment  of  one  cent  for  every  twenty  names  contained 
therein,  and  the  fees  received  by  him  therefor  shall  be  paid  to 
the  county  treasurer  except  in  counties  where  the  county  clerk 
is  not  a  salaried  officer.  And  the  said  county  clerk  shall  give 
to  any  elector  enrolled  or  transferred  as  herein  provided,  a  cer- 
tificate of  enrollment  or  transfer,  upon  request,  which  shall 
specify  the  name  of  the  party  with  which  he  is  enrolled,  the 
date  of  enrollment  or  transfer,  and  the  election  district  from 
which  such  elector  is  enrolled  or  to  which  he  has  been  trans- 
ferred. 

Primary  elections,  how  conducted;  challenges. —  §  11.  Primary 
elections  in  the  said  towns,  notice  thereof,  and  the  manner  and 
method  of  conducting  the  same,  shall  continue  to  be  held  and 
governed  in  the  manner  provided  by  law  and  the  rules  and 
regulations  of  the  general  committees  of  the  respective  parties 
in  said  county,  except  as  herein  provided,  and  except  that  any 
enrolled  elector  may  be  challenged  at  any  time  before  his  ballot 
is  cast,  and  upon  such  challenge  the  chairman  presiding  at  such 
primary  shall  forthwith  put  to  him,  on  oath  or  affirmation,  the 
following  questions : 

Are  you (using  the  name  by  which  he 

is  enrolled)  ? 

Do  you  reside,  and  have  you  for  thirty  days  past,  resided  in 

the  town  of (naming  the  town  containing  the 

election  district  in  which  he  is  enrolled)  ? 

Are  you  affiliated  with,  and  do  you  intend  generally  to  sup- 

])ort  the  candidates  of  the party  (naming  the 

party  holding  the  primary  at  which  such  elector  offers  to  vote)? 
And  unless  all  of  such  questions  be  answered  in  the  affirmative, 
the  vote  of  such  elector  shall,  notwithstanding  his  enrollment, 
be  rejected. 


Town  Enrollment  Act  of  1902.  220g 

The  said  general  committees  may  make  and  provide  such 
further  rules  and  regulations  as  may  be  necessary  to  give  effect 
to  this  act. 

Review  of  action  of  county  clerk. —  §  12.  Any  action  or  neglect 
of  any  inspector  of  election,  or  of  the  said  county  clerk,  with 
regard  to  the  proper  enrollment  of  any  person  as  herein  pro- 
vided, shall  be  reviewable  by  the  proper  remedy  of  mandamus 
or  certiorari,  as  the  case  may  be,  and  in  addition  thereto  the 
supreme  court,  or  any  justice  thereof,  within  the  judicial  dis- 
trict containing  the  county  or  the  county  judge  or  special 
county  judge  of  said  county,  shall  have  summary  jurisdiction, 
upon  complaint  of  any  citizen,  to  review  such  action  or  neglect, 
and  such  court,  justice,  judge,  or  special  county  judge,  may 
consider,  but  need  not  be  controlled  by,  any  action  or  deter- 
mination of  the  regularly  constituted  party  authorities  upon  the 
questions  arising  in  reference  thereto,  and  shall  make  such  de- 
cision or  order  as,  under  all  the  facts  and  circumstances  of  the 
case,  justice  may  require. 

Expense  a  town  charge. —  §  13.  The  expenses  of  making  such 
enrollment  lists  shall  be  charged  respectively  upon  the  towns 
for  whicli  the  same  are  made. 

Misdemeanor. —  §  14.  Any  person  violating  any  of  the  provi- 
sions of  this  act  shall  be  guilty  of  a  misdemeanor. 

Action  by  county  committee;  first  enrollment. —  §15.  In  any 
county  to  which  this  act  may  apply  as  provided  in  section  one 
hereof,  it  may  be  made  applicable  to  all  primary  elections  of  a 
party  to  be  held  in  the  towns  therein  subsequent  to  July  first, 
nineteen  hundred  and  two,  by  the  adoption  by  the  general 
committee  of  the  party  and  the  filing  thereof  as  provided  in 
section  one,  within  twenty  days  after  this  act  takes  effect,  of  a 
resolution  declaring  that  the  members  of  such  party  shall  be 
enrolled  for  the  primary  elections  to  be  held  in  such  county 
during  the  year  nineteen  hundred  and  two,  and  thereafter,  as 
provided  in  this  act.  And  for  the  purpose  of  holding  such  pri- 
mary elections  during  the  present  year  there  shall  be  a  special 
enrollment  day  upon  the  second  Tuesday  in  May,  nineteen  hun- 
dred and  two,  upon  which  day  the  election  inspectors  shall 
meet  in  the  respective  places  where  the  last  general  election 
was  held,  or  if  the  same  be  impracticable,  in  such  places  as  shall 
be  provided  in  the  same  manner  as  places  for  holding  general 
elections  are  now  provided,  and  proceed  to  make  an  enrollment 
of  the  electors  in  their  several  election  districts  in  the  manner 
herein  provided,  for  which  purpose  the  county  clerk  shall  fur- 
nish them  with  the  necessary  enrollment  books  and  instructions. 


22oh  Town  Enrollment  Act  of  1902. 

and  the  same  procedure  shall  be  had  with  reference  to  additions 
or  alterations  therein  as  is  herein  provided  for  the  enrollment 
books  begun  upon  the  regular  days  of  registration.  And  the 
enrollment  lists  so  filed  and  prepared  by  said  county  clerk,  with 
the  additions  and  alterations  therein,  shall  become  and  be  the 
enrollment  lists  for  such  official  primary  elections  of  such  party 
for  the  present  year ;  and  thereafter  shall  be  superseded  by  the 
regular  enrollment  Hsts  of  such  party  begun  and  completed  as 
hereinbefore  provided. 

§  16.  This  act  shall  take  effect  immediately. 


FORMS  FUR  PRIMARY  LAW. 


FOBM  No.   1. 

(See  {  3,  sub.  4.) 

Statement  and  declaration  for  special  enrollment. 

Albany,  N.  Y.,  ,  1899. 

"  I,  (naming  the  elector)  do  solemnly  declare  that  I  reside  at  (.speci- 
fying his  residence  address),  and  am  a  qualified  voter  of  the  (specifying 
the  number)  election  district  of  the  (specifying  the  number)  assembly 
district  (,ur  ward)  m  the  city  (or  village;  of  (naming  it);  that  at  one  of 
the  last  four  preceding  days  of  registration  I  registered  as  a  voter,  in 
the  said  election  district,  but  did  not  enroll,  and  I  request  that  I  be 
specially  enrolled  with  the  (naming  it)  party;  that  I  am  in  general 
sympathy  with  the  principles  of  the  (naming  it)  party;  that  it  is  my 
intcniion  to  support  generally  at  the  next  general  election,  state  or 
national,  the  nominees  of  such  party  for  state  or  national  offices;  and 
that  I  have  not  enrolled  with  or  participated  in  any  primary  election 
or  convention  of  any  other  party  since  the  first  day  of  last  vea-.  The 
word  '  party  '  as  used  herein  means  a  political  organization  which  at  the 
last  preceding  election  of  a  governor  polled  at  least  ten  thousand  votes 
for  governor." 

(Signed) 


STATE  OF  NEW  YORK,    ) 
County  of  ,  j-^"^-* 

On  this  day  of  ,   1899,  before  me  personally  came 

,  to  me  known  to  be  the  person  described  in.  and  who 
executed  the  foregoing  statement  and  declaration,  and  he  acknowledged 
to  me  that  he  executed  the  same  for  the  purposes  therein  mentioned. 


Notary  Public. 


FORM  No.   2. 
(Bee  i  3,  sub.  6.) 
Statement  for  enrollment  into  another  election  district. 
I  ,  for  the  purpose  of  being  enrolled  in  another 

election  district,  hereby  make  the  following  statement:     I  am  now  en- 
rolled with  the  party  in  the  election  district  of  the 

ward  (or  assembly  district)  of  the  city  (or  village)  of 
and  having  moved  into  the  election  district  of  the  ward 

(or  assembly  district)  of  the  city  (or  village)  of  and  now 

residing  in  the  last-mentioned  district  desire  to  be  enrolled  therein  as  a 

rr-.ember  of  the  party. 

(Signed) 


STATE   OF   NEW  YORK,   >    ^  . 

County  of  ,       ' 

On  this  day  of  ,  1898,  before  me  personally  came 

,  to  me  known  to  be  the  person  described  in,  and  who 
executed  the  foregoing  statement,  and  he  acknowledged  to  me  that  h« 
executed  the  same  for  the  purposes  therein  mentioned. 

Notary  Public. 


222  Forms  for  Primary  Law. 

FOBM  No.  3. 

(See  i  3,  sub.  5.) 

Statement  and  declaration  of  elector  who  has  become  of  age  aftef 
last  preceding  general  election. 

Albany,  N.  Y.,  ,  1899. 

"  I,  (naming  the  elector)  do  solemnly  declare  that  I  reside  at  (specify- 
ing his  residence  address),  and  am  a  qualified  voter  of  the  (specifying 
the  number)  election  district  of  the  (specifying  the  number)  assembly 
district  (or  ward)  in  the  city  (or  village)  of  (naming  it);  that  I  have 
become  of  age  since  the  last  preceding  general  election,  and  I  request 
that  I  be  specially  enrolled  with  the  (naming  it)  party;  that  I  am  in  gen- 
eral sympathy  with  the  principles  of  the  (naming  it)  party;  that  it  is 
my  intention  to  support  generally  at  the  next  general  election,  state  or 
national,  the  nominees  of  such  party  for  state  or  national  offices;  and 
that  I  have  not  enrolled  with  or  participated  in  any  primary  election  or 
convention  of  any  other  party  since  the  first  day  of  last  year.  The 
word  '  party '  ?,s  used  herein  means  a  political  organization  which  at 
the  last  preceding  election  of  a  governor  polled  at  least  ten  thousand 
votes  for  governor." 

(Signed) 


STATE  OF  NEW  YORK,  i^. 

County  of  ,      ' 

On  this  day  of  ,  1898,  before  me  personally  came 

,  to  me  known  to  be  the  person  described  in  the  foregoing 
statement  and  declaration,  and  he  acknowledged  to  me  that  he  executed 
the  same  for  the  purposes  therein  mentioned. 


Notary  Public  (or  member  of  board  of  election  inspectors). 

The  acknowledgment  may  be  made  before  any  member  of  the  board  of 
election  inspectors  or  before  any  officer  authorized  to  take  the  acknowledg- 
ment of  deeds. 


Forms  for  Primary  Law. 

FOBM  No.  4. 

(0M  I  8.  sub.  9.) 

Certificate  of  enrollment. 


233 


STATE  OF  NEW  YORK, 
County  of  , 


?  ss. : 


I,  ,  custodian  of  primary  records  in  and  for  the  city  (or 

village)    of  ,    do   hereby   certify   that  was   duly 

enrolled  as  a  member  of  the  party  on  the  day  of  , 

1898,   in  and  for  the  election  district  of  the  ward   (or 

assembly  district)  of  the  city  (or  village)  of 

Witness  my  hand  at  the  city  (or  village)  of  ,  this 

day  of  ,  1898. 


Custodian  of  Primary  Records. 


FOBM  No.  6. 

(See  S  3.  suti.  9.) 

Certificate  of  transfer. 

STATE  OF  NEW  YORK,  >   ^  . 

County  of  .       ' 

I,  ,  custodian  of  primary  records  in  and  for  the  city  (or 

village)  of  ,  do  hereby  certify  that  ,  a  duly 

enrolled  member  of  the  party,  was  on  the  day  of 

,  1898,  transferred  from  the  election  district  of  the 

ward  (or  assembly  district)  of  the  city  (or  village)  of 
to  the  election  district  of  the  ward  (or  assembly  district) 

of  the  city  (or  village)  of 

Witness  my  hand  at  the  city  (or  village)  of  ,  this 

day  of  ,  1898. 


Custodian  of  Primary  Records. 


FOBM  No.  6. 
(See  $  4,  sub.  4.) 

Certificate   of  chairman  of  general  committee  as  to  coming  elec- 
tions, etc. 

STATE  OF  NEW  YORK,  )    ^  . 
County  of  Albany,         ' 
I,  ,  chairman  of  the  general  committee  of  the 

party  of  the  county  of  ,  do  hereby  certify  that  the  following  is 

a  true  and  correct  list  and  statement  of  the  conventions,  committees  and 

16 


224  Forms  for  Primary  Law. 

officers  for  which  delegates  (members  or  candidates,  as  the  case  may  be) 
are  to  be  elected  at  the  oiricial  primary  election  to  be  held  on  the 
day  of  ,  1898,  and  the  number  of  delegates  to  conventions,  and 

members  of  committees  to  be  elected  in  each  unit  of  representation. 
(Here  Insert  full  list  and  statement.) 

Witness  my  hand  at  the  city  (or  village)  of  ,  this 

day  of  ,  189S. 


Chairman  of  General  Committee. 
(To  be  filed  at  least  twenty  days  before  each  official  primary  day.) 


FOBM  No.  7. 

(See  §  5,  sub.  2.) 

Appointmeiit  of  inspector  to  fill  vacancy  at  meeting  of  board  of 
primary  inspectors. 

There  being  a  vacancy  in  the  board  of  primary  election  inspectors  for 
the  election  district  of  the  ward   (or  assembly  district) 

of  the  city  (or  village)  of  ,  held  by  ,  I  (or 

we),  pursuant  to  the  provisions  of  the  primary  law,  hereby  appoint 
,  a  qualified  elector  of  the  district  and  of  the  same  political 
party  as  the  absent  inspector  to  fill  such  vacancy. 

Dated  this  day  of  ,  189    . 


(To  be  filed  with  returna.)  Inspectors  of  Election. 


FOBM  No.  8. 

(See  §  5,  sub.  2.) 

Appointment  of  elector  to  act  as  member  of  board  of  primary 
inspectors  by  inspector. 

,  one  of  the  inspectors  of  election  of  the  election 

district  of  the  ward  (or  assembly  district)  of  the  city  (or  village) 

of  ,  not  being  present  at  the  meeting  of  the  board  of  primary 

inspectors   held  this  day,   I    (or  we),   pursuant  to  the  primary  law,   do 
hereby  appoint  ,  a  duly  qualified  elector  of  the  said  election 

district,  and  a  member  of  the  same  political  party  as  the  absent  inspector, 
to  act  as  a  member  of  the  board  of  primary  inspectors  in  place  of 
until  he  or  his  duly  appointed  successor  shall  appear. 
Dated  this  day  of  ,  189    . 


(To  be  filed  with  returns.)  Inspectors  of  Electton. 


Forms  for  Pfumary  Law.  225 

FORM  No.  9. 

(See   §  6.  aub.   2.) 

Designation  by  electors  to  fill  vacancies  in  boards  of  primary 

inspectors. 

The  offices  of  all  the  inspectors  of  the  election  district  of  the 

ward  (or  assembly  district)  of  the  city  (or  village)  of  , 

being  vacant,  we,  the  undersigned,  qualified  voters  of  said  districti  present, 
pursuant  to  the  provisions  of  the  primary  law,  do  hereby  designate 
and  ,  duly  qualified  voters  of  the  said  district,  and 

respectively  members  of  the  same  political  party  as  the  absent  inspectors 
to  fill  such  vacancies. 

Dated  this  day  of  ,  189    . 

(Should  be  signed  by  not  less  than  ten  duly  qualified  electors  and  filed  with 
retuma.) 


FORM  No.  10. 

(See  §  5,  sub.  2.) 

Designation  by  electors  of  persons  to  act  as  members  of  board  o£ 

primary  inspectors. 

All  the  inspectors  of  election  of  the  election  district  of  the  ward 

(or  assembly  district)  of  the  city  (or  village)  of  ,  not  appear- 

ing within  one  hour  after  the  time  fixed  by  law  for  the  opening  of  the 
meeting  of  board  of  primary  inspectors  to  be  held  this  day,  we,  the  under- 
signed, duly  qualified  electors  of  said  district,  hereby  appoint 
to  act  in  the  place  of  ,  and  to  act  in  the  place  of 

,  the  said  persons  so  appointed  being  respectively  members 
of  the  same  political  party  as  the  absent  inspectors,  until  such  absent 
inspectors,  respectively,  appear. 

Dated  this  day  of  ,  189    . 

(To  be  signed  by  not  less  than  ten  duly  qualified  electors  and  filed  with  returns.) 

The  following  are  the  provisions  of  the  election  law  as  to  filling  of 
vacancies  at  meeting  of  inspectors: 

"  If  at  the  time  of  any  meeting  of  the  inspectors  there  shall  be  a  va- 
cancy in  the  office  of  any  inspector,  or  if  any  inspectors  shall  be  absent 
from  any  such  meeting,  the  inspector  or  inspectors  present  shall  appoint 
a  qualified  elector  of  the  district,  who  shall  be  a  member  of  the  same 
political  party  as  the  absent  inspector,  to  act  until  such  absent  inspector, 
or  his  successor  duly  appointed  under  the  provisions  of  section  twelve, 
shall  appear,  and  such  person,  if  so  serving  temporarily,  shall  serve  with- 
out pay.  If  at  any  such  time,  the  offices  of  all  inspectors  are  vacant, 
or  no  inspector  shall  appear  within  one  hour  after  the  time  6xed  by  law 
for  the   opening   of   such    meeting,    the   qualified   voters   of  the   district 


226  Forms  for  Primary  Law. 

present,  not  less  than  ten,  may  designate  four  qualified  electors  of  the 
district  belonging  to  the  political  parties  as  specified  in  section  eleven,  to 
fill  such  vacancies,  or  to  act  in  the  place  of  such  inspectors,  respectively, 
until  the  absent  inspectors  respectively  appear.  If  at  any  time  there  shall 
be  a  vacancy  in  the  office  of  any  poll  clerk  or  ballot  clerk,  or  if  any  poll 
clerk  or  ballot  clerk  shall  be  absent  from  such  meeting,  the  inspector  or 
inspectors  present  shall  appoint  a  qualified  elector  of  the  district,  who 
shall  be  a  member  of  the  same  political  party  as  the  absent  poll  clerk  or 
ballot  clerk  to  fill  such  vacancy.  Every  person  so  appointed  or  desig- 
nated to  act  as  an  inspector,  poll  clerk  or  ballot  clerk  shall  take  the  con- 
stitutional and  statutory  oaths  as  prescribed  by  the  election  law."  {Ex- 
tract from  §  14,  Election  Law.) 

70BM   No.    11. 

(See  i  5.  sub.  2.) 

Oath  for  election  officera. 

STATE  OF   NEW  YORK,  )  ^^  . 
County  of  Albany,         > 

I  do  solemnly  swear  I  will  support  the  constitution  of  the  United  States 
and  the  constitution  of  the  state  of  New  York,  and  that  I  will  faithfully 
discharge  the  duties  of  the  office  of  inspector  of  election  and  of  primary 
election  officer,  and  all  duties  prescribed  by  the  primary  election  law, 
according  to  the  best  of  my  ability. 

I  do  further  solemnly  swear  (or  affirm)  that  I  will  not  in  any  manner 
request  or  seek  to  persuade,  or  induce  any  elector  to  vote  any  particular 
ticket,  or  for  any  particular  candidate,  and  that  I  will  not  keep  or  niake 
any  memoranda  or  entry  of  anything  occurring  within  the  booth,  and 
that  I  will  not,  directly  or  indirectly,  reveal  to  any  person  the  name  of 
any  candidate  voted  for  by  any  elector,  or  which  ticket  he  has  voted,  or 
anything  occurring  within  the  voting  booth,  except  I  may  be  callefl  upon 
to  testify  in  a  judicial  proceeding  for  a  violation  of  the  election  \aw  or 
primary  election  law. 

(Signature  of  Appointee) 

Sworn  and  subscribed  to  this  day  ) 

of   September,    1898,   before  me.        > 


70BM  No.  12. 

(See  i  7.  BUb.  2.) 

Oath  and  questions  upon  challenge  at  primaries. 

When  any  enrolled  elector  shall  be  challenged,  the  chairman,  or  one  of 
the  members  of  said  board,  shall  forthwith  put  to  him  the  oath  or  affirma- 
tion:    "You  do  swear  (or  affirm)  that  you  will  fully  and  truly  answer 


Forms  for  Primary  Law.  227 

such  questions  as  shall  be  put  to  you  touching  your  right  to  participate 
in  this  primary  election." 

After  taking  the  oath  the  following  questions  shall  be  put  to  him,  and 
he  shall  be  allowed  to  vote  if,  and  only  if,  he  shall  make  such  oath  or 
affirmation,  and  shall  answer  in  the  affirmative,  each  of  the  following 
questions: 

Are  you  (using  the  name  which  he 

has  given  as  his  name)? 

Do  you   reside,   and   have   you,   for  thirty   days   last   past,   resided  at 

(giving  the  address  which  he  has 
given  as  his  residence)? 


FOBM  No.  18. 

(See  S  S,  subs.  1  and  2.) 
Sample. 
Board  of  primary  inspectors'  returns  and  statement  of  canTass..^ 
Original  official  statement  of  the  result  of  a  (primary)  election  held  on 
the  day  of  ,  1898,  in  the  primary  district  of  the 

ward  (or  assembly  district)  of  the  city  (or  village)  of  , 

State  of  New  York,  made  by  the  board  of  primary  inspectors  of  election 
in  and  for  said  district,  which  return  is  made  as  provided  in  section  eight 
of  the  primary  law. 

Return  of  Ballots  Voted. 

I.  The  whole  number  of  ballots  actually  voted,  as  shown  by  the 

enrollment  book,  was  (four  hundred  and  eighty-five) 485 


a.  The  number  of  ballots  cast  and  found  to  be  entirely  blank,  all  of 

which  were  returned  by  us  to  the  ballot  box,  were  (five) 5 

3.  The  number  of  ballots  cast  which  were  rejected  by  us  as  "  void," 

and  on  which  no  vote  was  counted  for  any  candidate,  all  of 
which  are  in  the  sealed  package  returned  herewith,  and  on 
each  of  which  ballot  is  indorsed  the  reason  for  such  rejection, 
were   (ten)    10 

4.  The  number  of  ballots  cast  on  which  votes  were  counted  for 

one  or  more  candidates,  all  of  which  were  returned  to  the 
ballot  box  (except  those  protested  as  being  marked  for  identi- 
fication), were  (four  hundred  and  seventy) 470 

5^  The  total  number  of  ballots  accoimted  for  by  us  is 485 


*. 


228  Forms  for  Primary  Law. 

Statement  and  Return  of  the  Votes  for  the  Office  of . 

I.  The  whole  number  of  ballots  cast  on  which  votes  were  counted 
for   any    candidate    for    such    oflfice   was    (four   hundred   and 

seventy)    47O 

a.  The  number  of  ballots  cast  and  counted  on  which  there  was  no 

vote  for  the  office  of  (                    )  were  (ten).. 10 

3.  The  whole  number  of  ballots  on  which  votes  were  counted  for 

the  office  of  (                   )  was  (four  hundred  and  sixty) 460 

4.  Of  which  (John  Doe)  received  (three  hundred  and  fifteen) 315 

5.  (Richard  Roe)  received  (one  hundred  and  forty-five) 145 

Total  460 


(Proceed  with  other  offices.) 

The  number  of  general  ballots  "  protested  as  markejd  for  identifica- 
tion "  (all  of  which  are  in  the  sealed  package  returned  herewith  together 
with  the  void  ballots)  each  of  which  have  been  indorsed  by  us  "  protested 
as  marked  for  identification,"  the  mark  or  marking  to  which  objection 
was  made  being  specified  upon  the  back  of  each  such  ballot,  and  all  of 
which  were  counted  for  the  several  candidates  voted  thereon  in  the  fore- 
going returns,  were  (three) 3 

But  such  number  does  not  include  any  ballot  which  was  rejected  by 
us  as  void.  Such  void  ballots  are  included  in  our  return  as  "  void " 
ballots  on  which  no  vote  for  any  candidate  was  counted  and  are  marked 
upon  the  back  thereof  "  void  "  and  indorsed  with  the  reason  for  so  de- 
claring them.  They  are  in  the  sealed  package  returned  herewith  together 
with  the  ballots  "  protested  as  being  marked  for  identification," 

We  certify  the  foregoing  statement  is  correct  in  all  respects. 

Dated  this  day  of  ,  1898. 


Board  of  Primary  Inspectors. 

NoTB.— A  similar  certificate  is  to  be  made  at  the  bottom  of  each  sheet  ot  half  sheet  of  this 
return.  A  duplicate  copy  of  the  orifjinal  statement  and  return  is  to  be  made.  The  original  to 
be  filed  with  the  custodian  of  primary  records  and  ihe  duplicate  (tatement  with  the  clerk  ot 
the  dty  or  village. 


Forms  for  Primary  Law,  229 

FORM    No.    14. 

[S%e  §  8,   sub.  2.) 

Proclamation  of  result. 

"  Hear  ye!  hear  ye!!  hear  ye!!!     The  whole  number  of  votes  given  for 
the  office  of  ,   found  in  the  box  just  canvassed,  was   1,090;  of 

whicla  number  there  were  given  for  said  office,  for  James  W.  Bentley, 
595;  for  Isaac  La  Grange,  362;  for  Joseph  S.  Martin,  153"  (naming  each 
person  voted  for  for  the  office  of  ,  and  the  number  of  votes 

given  for  him  for  that  office). 

Proceed  on  with  the  votes  given  for  the  diflferent  candidates. 


FORM  No.  15. 

(See  §  S,  sub.  3.) 

Primary  board  of  inspectors'  certificate  of  election  of  delegates  to,  or 
members  of,  a  convention  or  committees. 


STATE  OF  NEW  YORK, 
City  (or  Village)  of 


i  ss.: 


We,  the  board  of  primary  inspectors  of  the  election  district  of 

the  ward  (or  assembly  district)  of  the  city  (or  village)  of  , 

do  hereby  certify  that  the  following  is  a  true  and  correct  statement  of  the 
total  number  of  votes  cast  for  the  respective  candidates  for  the  office 
of  and  the  number  thereof  received  by  such  persons  respec- 

tively, at  the  primary  election  held  in  said  district  on  the  day 

of  ,  1898. 

The  whole  number  of  votes  cast  for  the  office  of  was 

of  which  received  votes; 

received  votes; 

received  votes. 

Blank  and  rejected  votes. 

Witness  our  hands  at  the  city  (or  village)  of  ,  this 

day  of  ,  1898. 


Board  of  Primary  Inspectors. 


230  Forms  for  Primary  Law. 

PORM  No.    16. 

(See  §  8,  sub.  2.) 

Statement  of  delegates  and  committeemen  elected  outside  of  cities 

and  villages. 

STATE  OF  NEW  YORK.    )  ^^  . 
City  (or  Village)  of  ' 

We.  the  presiding  officers  of  the  primary  election  held  in  the  town  of 

,  in  the  county  of  ,  on  the  day  of  , 

1898   do  hereby  depose  and  say  that  the  following  is  a  true  and  correct 

statement  of  the  delegates  and  members  of  the  general  committees  of 

the  county  of  ,  elected  at  such  primary. 

(Here  insert  names,  etc.) 


Presiding  Officers. 


Severally  subscribed  and  sworn  to  before  me, ) 
this  day  of  .   1898.         ) 


Notary  Public. 


FOBM  No.  17. 

(See  S  8.  »ub.  4.) 

Custodian  of  primary  records'  statement  o*  result  of  primary^ 

elections. 

STATE  OF   NEW  YORK,        )  ^^  . 
County  of  ,  > 

I,  ,  custodian  of  primary  records  in  and  for  the  city 

(or  village)  of  ,  having  canvassed  the  original  state- 

ment of  boards  of  primary  inspectors  filed  with  me  in  the  manner  di- 
rected by  law,  do  hereby  certify  as  follows,  to  wit: 

That  it  appears  upon  such  canvass  that  the  whole  number  of  votes 
given  for  the  office  of  was 

of  which  received  votes; 

received  votes; 

received  votes. 

Witness  my  hand,  at  the  city  (or  village)  of  ,  this 

day  of  ,  1898. 


Custodian  of  Primary  Records. 


Forms  for  Primary  Law.  231 

FORM   No.    18. 

(See  S  8,  sub.  4.) 
Certificate  of  nomination  by  custodian  of  primary  record«. 

STATE   OF   NEW   YORK,        )  ^^  . 
County  of  ,  ' 

I,  ,  custodian  of  primary  records,  do  hereby  certify  accord- 

ing to  the  original   statements  of  canvass  of  the  result  of  the  primary 
elections  held  in  the  of  the  on  the  day 

of  in  the  year  1898,  filed  with  me  in  the  manner  directed  by 

law,  that  was  duly  nominated  as  a  candidate  for  the  office 

of 

Witness  my  hand,  at  the  city  (or  village)  of  ,  this 

day  of  ,  1898. 


Custodian  of  Primary  Records. 


FOBM  No.   19. 

(See  §  8,  Bub.  8.) 
Certificate  of  election  by  custodian  of  primary  records. 


STATE   OF   NEW  YORK, 
County  of 


>  ss.  : 


I.  ,  custodian  of  primary  records,  having  canvassed  the 

whole  number  of  votes  cast  for  the  office  of  ,  at  the  primary 

elections  held   in  the  several  districts   of  said  on 

the  day  of  ,  189    ,  according  to  the  original  state- 

ments of  the  said  votes  filed  with  me,  in  the  manner  directed  by  law.  do 
hereby  certify  that  was  by  the  greatest  number  of  votes 

cast  at  the  said  election  duly  elected  a 

Witness  my  hand  at  the  city  (or  village)  of  ,  this 

day  of  ,  1898. 


Custodian  of  Primary  Records. 


232  Soldiers  and  Sailors'  Election  Law. 


ClTLap.  674. 

AN  ACT  to  provide  the  manner  in  which,  and  the  time  and  place 
at  which  the  qualified  voters  of  the  state  absent  from  their  re- 
spective election  districts,  in  time  of  war,  in  the  actual  military 
service  of  this  state  or  of  the  United  States,  in  the  army  or 
navy  thereof,  may  vote;  and  for  the  return  and  canvass  of 
their  votes  in  the  election  districts  in  which  th«y  respectively 
reside,  and  making  an  appropriation  therefor. 

fieoame    a    law    July     16,     1898,     with    the     approval    of     the     Oevernor. 
Passed,  three  fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Time  of  election. — Whenever,  in  tim«  of  war,  any 
qualified  elector  of  this  state  shall  be  in  the  actual  military  ser- 
vice of  this  state  or  of  the  United  States,  in  the  army  or  navy 
thereof,  and  by  reason  thereof  absent  from  his  election  district, 
such  absent  elector  shall  be  entitled  to  vote  as  fully  as  if  he  were 
present  at  his  place  of  residence  in  the  manner  hereinafter 
provided. 

§  2.  General  register  of  absent  electors. — It  shall  be  the 
duty  of  the  secretary  of  state  to  prepare  and  make  a  general 
register  in  which  shall  be  enrolled  in  alphabetical  order  the 
names  of  the  electors  of  this  state  absent  from  their  respective 
election  districts  in  time  of  war  in  the  actual  military  service  of 
this  state  or  of  the  United  States  in  the  army  or  navy  thereof. 
Such  general  register  shall  contain  the  name  and  residence,  by 
street  and  number  if  any,  the  name  of  the  county  and  city  or 
town  in  which  each  such  absent  elector  resides,  so  far  as  he  can 
ascertain  the  same.  It  shall  also  contain  the  name  or  number 
or  other  designation  of  the  regiment,  company,  troop,  vessel  or 
other  command  to  which  each  such  absent  elector  is  attached  or 
assigned,  and  the  locatiou  of  such  command  at  the  time  of  such 
entry,  so  far  as  he  can  ascertain  the  same.     In  order  to  secure 


Soldiers  and  Sailors'  Election  Law.  233 

the  necessary  information  to  make  and  complete  such  general 
register,  it  shall  be  the  duty  of  the  secretary  of  state  to  prepare 
proper  blanks  and  forward  the  same  to  the  commanding  officer 
of  each  command  in  which  there  are  any  such  absent  electors  of 
this  state,  to  be  filled  out  with  the  necessary  information,  attested 
by  him,  and  returned  forthwith,  securely  sealed,  to  the  secretary 
of  state.  Such  general  register  shall  be  a  public  record  and  shall 
at  all  reasonable  times  be  open  for  inspection  by  any  elector  of 
this  state.  It  is  hereby  made  the  duty  of  every  public  officer,  and 
of  every  citizen,  to  render  such  assistance  and  information  as  he 
may  possess,  to  the  secretary  of  state,  of  all  the  facts  relating  to 
such  absent  electors;  and  any  person  who  shall  refuse  so  to  do, 
or  wilfully  furnish  false  information  in  reference  to  such  absent 
electors,  shall  be  deemed  guilty  of  a  felony  and  shall,  upon  con- 
viction thereof,  be  punished  by  imprisonment  in  a  state  prison 
for  not  less  than  one  year  nor  more  than  three  years. 

§  3.  Poll-books  and  oaths. — It  shall  be  the  duty  of  the  secre- 
tary of  state  to  cause  to  be  prepared  and  printed  in  book  form  a 
sufficient  number  of  poll-books,  at  least  two  books  for  each  poll, 
for  the  use  of  the  inspectors  of  election  at  the  polls  of  the  elec- 
tions held  under  the  provisions  of  this  act.  Such  poll  books  shall 
be  in  the  general  form  of  those  prescribed  for  use  at  elections  in 
this  state,  omitting  all  columns  except  those  for  the  number, 
name  and  residence  of  each  elector,  so  arranged  that  there  can 
be  entered  therein,  in  addition  to  such  entries,  in  separate  col 
umns,  the  name  of  the  county  and  city  or  town  in  which  the  per- 
sons voting  at  such  poll  reside  or  claim  to  reside;  and  also  the 
designation  of  the  particular  command  to  which  each  such  per- 
son is  attached  or  of  which  he  forms  a  part.  Upon  the  first  page 
of  each  such  poll-book  shall  be  printed  the  date  and  character  of 
the  election  for  which  it  is  prepared,  and  blank  spaces  in  which 
shall  be  written  by  the  inspectors  the  place  at  which  the  poll  was 
held,  and  the  names  and  residences  of  the  persons  acting  as  in- 
spectors of  election  thereat.  Upon  the  page,  following  the  last 
page  of  each  such  poll-book  used  for  recording  the  names  of 
voters  at  such  poll,  shall  be  printed  a  blank  certificate,  to  be 


234  Soldiers  and  Sailors'  Election  Law.' 

signed  by  the  inspectors  of  election  at  the  close  of  the  polls. 
Such  certificate  shall  be  substantially  in  the  following  form: 
"  We,  the  inspectors  of  election  for  the  general  (or  special) 

election  held  at  (here  follows  the  name  of  the  place)  on  the 

day  of 18. . . ,  do  hereby  certify  that  the 

names  of  the  persons  enrolled  herein  as  having  voted  at  such 
election,  such  persons  numbering  in  all  (here  follows  the  num- 
ber in  figures  and  words)  are  all  the  persons  who  appeared  before 
us  and  demanded  to  vote  at  such  election,  and  took  the  oath 
required,  and  who  voted  at  such  election. 


Inspectors  of  election.* 

Such  poll-books  shall  also  contain  the  oaths  for  the  inspectors 
of  election  provided  in  section  ten  hereof. 

§  4.  Official  ballots. — It  shall  be  the  duty  of  the  secretary  of 
state  to  cause  to  be  prepared  and  printed  at  least  twice  as  many 
official  ballots  in  the  form  hereinafter  prescribed  as  there  are  elec- 
tors absent  from-  their  respective  election  districts  as  shown  by 
such  general  register.  Each  such  official  ballot  shall  be  six 
inches  wide  and  of  such  length  as  to  allow  one-quarter  of  an  inch 
for  the  title  of  each  office  printed  upon  the  face  thereof  and  one- 
half  inch  for  the  name  of  each  candidate  for  such  office  as  the 
elector  may  lawfully  vote  for  and  one-half  inch  for  the  title  of 
each  class  of  offices.  Each  class  of  offices  shall  be  separated  by 
a  solid  black  line  one-eighth  of  an  inch  in  depth  running  across 
such  ballot.  All  such  ballots  shall  be  uniform  in  size  and  style 
of  type  used  and  shall  contain  the  titles  of  all  offices,  as  near  as 
may  be  for  which  any  elector  may  vote  in  any  election  district 
of  the  state  at  such  election.  The  type  and  paper  for  such  bal- 
lots  shall  conform  generally  to  that  used  for  the  official  ballots 
prescribed  by  the  election  law  of  this  state.  Such  ballot  shall  b« 
printed  in  substantially  the  following  form: 


Soldiers  and  Sailors^    Election  Law. 

STATE    OFFICES. 

For  Governor. 
For  Lieutenant-Governor. 


235 


JUDICIAL    OFFICES. 

For  Associate  Judge  of  the  Court  of  Appeals. 
For  Justice  of  the  Supreme  Court  for Judicial  District. 

■■^■■i^MiirHiiiMfiitaiitmimB^^ 

LEGISLATIVE   OFFICES. 

For  Representative  in  Cougrftss  for Congressional  District. 

For  State  Senator  for Senate  District. 

For  Member  of  Assembly  for District  of County 


COUNTY    OFFICES. 

For  Sheriff  of County. 

For  District  Attorney  of Coanty. 

CITY   OFFICES. 

For  Mayor  of  the  City  of 


WARD  OR  TOWN  OFFICES. 

For  Suptrvisor  of Ward  or  Town  of.. .- 

For  Justice  of  the  Peace,  Town  of.... ........ .«•. 


ELECTION    DISTRICT  OFFICES. 

For  Inspectors  of  Election  for Election  District,  Town  of  . 


2^5  Soldiers  and  Sailors'  Election  Law. 

Upon  the  back  of  each  such  ballot  shall  be  printed  the  words: 

"OFFICIAL  WAR  BALLOT 

For  the  general  (or  special)  election,  held  Novemher ,  18 " 

§  5.  Provision  for  official  envelope. — He  shall  also  cause  to  be 
prepared  and  printed  at  least  twice  as  many  official  envelopes 
as  there  are  electors  absent  from  their  election  districts,  as 
shown  by  such  general  register.  Such  envelopes  shall  be 
gummed,  ready  for  sealing.  Upon  one  side  of  such  envelope 
shall  be  printed  in  substantially  the  following  form  the  fol- 
lowing: 

OFFICIAL  WAR  BALLOT 

FOR 

General  Election,  November ,  189    . 

Name  of  Elector 

Residence  (street  and  number,  if  any) 

County  of 

City  or  Town  of 


Secretary  of  State. 

Upon  the  other  side  of  such  envelope  shall  be  printed  the  fol« 
lowing  oath: 

''OATH  OF  ELECTOR." 

"  I  do  swear  (or  affirm)  that  I  have  been  a  citizen  of  the  United 
States  for  ninety  days  and  am  now  of  the  age  of  at  least  twenty- 
one  years,  or  will  be  on  the day  of ,  18. . ; 

that  I  will  have  been  an  inhabitant  of  the  state  of  New  York  for 
one  year  next  preceding  this  election  and  for  the  four  months 

preceding  such  election  a  resident  of  the  county  of , 

and  am  a  qualified  elector,  residing  at  (street  and  number,  if 

any) ,  in  the  (city  or  town  of) ; 

that  I  am  in  the  actual  military  (or  naval)  service  of  the 
state  of  New  York  or  of  the  United  States,  and  at  present 
attached  to (here  state  the 


Soldiers  and  Sailors'  Election  Law.  237 

particular  command  to  which  attached);  and  that  I  have  not 
received  or  offered,  do  not  expect  to  receive,  have  not  paid,  of- 
fered or  promised  to  pay,  contributed,  offered  or  promised  to 
contribute  to  another,  to  be  paid  or  used,  any  money  or  other 
valuable  thing,  as  a  compensation  or  reward  for  the  giving  or 
withholding  of  a  vote  at  this  election,  and  have  not  made  any 
promise  to  influence  the  giving  or  withholding  of  any  such  vote, 
and  that  I  have  not  made  or  become  directly  or  indirectly  inter- 
ested in  any  bet  or  wager  depending  upon  the  result  of  this  elec- 
tion, and  that  I  have  not  been  convicted  of  bribery  or  any  infam- 
ous crime,  or,  if  so  convicted,  that  I  have  been  pardoned  and 
restored  to  all  the  rights  of  a  citizen." 

If  at  such  election  any  proposed  amendment  to  the  constitution 
or  other  proposition  or  question  is  to  be  submitted  to  the  vote 
of  the  electors  of  the  state,  the  secretary  of  state  shall  furnish 
an  equal  number  of  ballots  for  questions  so  submitted  in  the 
form  prescribed  by  section  eighty-two  of  the  election  law,  which 
shall  be  properly  endorsed,  as  a  war  ballot. 

§  6.  Delivery  of  official  war  ballots,  poll-books  and  en- 
velopes.—The  secretary  of  state  shall  cause  to  be  delivered  to  the 
commanding  oflScer  of  every  command  in  which  ten  or  more  elec- 
tors of  this  state  are  included,  absent  from  their  respective  elec- 
tion districts  in  time  of  war  in  the  actual  military  service  of  this 
state  or  the  United  States  in  the  army  or  navy  thereof,  a  suffi- 
cient number  of  official  war  ballots  of  each  kind  and  official 
envelopes;  at  least  twice  as  many  as  there  are  such  electors  in 
such  command;  and  two  poll-books  for  the  use  of  such  electors 
at  each  poll  of  each  election  held  under  the  provisions  of  this 
act.  Such  official  war  ballots,  poll-books  and  envelopes  shall 
be  delivered  in  time  for  use  at  the  election  for  which  they  are 
prepared,  in  such  manner  and  by  such  means  as  shall  in  the 
judgment  of  the  secretary  of  state  be  deemed  best  suited  to 
secure  their  safe  and  timely  delivery  for  the  use  of  the  electors 
at  the  election  for  which  they  have  been  prepared. 

§  7.  Lists  of  nominations. — It  shall  be  the  duty  of  each 
county  clerk  or  board  with  whom  or  which  certificates  of  uomina- 


238  Soldiers  and  Sailors'  Election  Law. 

tions  of  public  oflSce  are  filed  to  cause  a  certified  list  of  such 
nominations  to  be  forthwith  forwarded  by  mail  to  the  secretary  of 
state,  including  the  name  and  rt^sidence  of  each  such  nominee 
together  with  the  title  of  the  office  for  which  he  is  nominated  and 
the  party  or  other  political  name  specified  in  such  certificates  of 
nomination.  It  shall  be  the  duty  of  the  secretary  of  state  after 
the  receipt  by  him  of  such  certified  lists  of  nominations  to  com- 
municate so  far  as  practicable,  to  each  commanding  officer  of  any 
command  having  therein  ten  or  more  electors  of  this  state  absent 
from  their  respective  election  districts  in  time  of  war,  in  the 
actual  military  service  of  this  state  or  the  United  States  in  the 
army  or  navy  therreof,  the  name  and  residence  of  each  person 
named  in  any  certificate  of  nominiation  so  certified  by  a  county 
clerk  or  filed  in  the  office  of  the  secretary  of  state,  together  with 
the  title  of  the  office  for  which  he  is  nominated  and  the  party  or 
other  political  name  specified  in  such  certificates  of  nominations; 
and  upon  receipt  thereof  each  such  commanding  officer  shall 
cause  such  information  to  be  posted  in  a  conspicuous  place  for 
the  information  of  such  absent  electors  in  his  -command. 

§  8.  Polls  of  election. — Polls  of  an  election  held  under  the 
provisions  of  this  act  shall  be  opened  on  the  day  of  such  election 
at  the  quarters  of  the  captain  or  other  commanding  officer  of  any 
company,  troop  or  other  command  in  the  military  service  of  tMs 
state  or  of  the  United  iStates  in  the  army  or  navy  thereof,  if  the 
same  be  composed  in  whole  or  in  part  of  electors  of  this  state.  All 
qualified  electors  of  this  state  in  such  command  may  vote  at  such 
poll.  Officers  and  enlisted  men,  electors  of  this  state,  attached 
to  or  forming  part  of  a  command  having  therein  leas  than  ten 
such  electors,  or  who  shall  be  detached  by  military  order  and 
absent  from  their  command,  may  vote  at  such  other  'poll  as  may 
be  most  convenient  for  them. 

§  9.  Opening  of  the  polls, — Any  election  held  under  the  pro- 
visions of  this  act  shall  be  held  upon  the  day  of  the  general  or 
special  election  in  this  state,  or  on  any  secular  day  within  twenty 
days  next  prior  thereto,  such  prior  day  to  be  fixed  by  the  com- 
BQianding  officer  of  any  command  where  the  poll  or  polls  for  such 


Soldiers  and  Sailors'  Election  Law.  230 

election  shalJ  be  held,  by  proclamation  duly  made;  provided,  how- 
ever, that  if  by  reason  of  the  exigencies  of  war  such  election  can- 
not be  held  in  any  of  the  polls  herein  provided  on  the  day  so 
fixed,  such  election  may  be  held  on  the  next  day  practicable  there- 
after upon  like  proclamation  of  the  commanding  officer  of  any 
fiuchi  coinmand;  but  such  election  shall  not  be  held  laiter  than 
the  day  of  such  general  or  special  election.  Such  polls  shall  be 
opened  at  such  hour  of  the  day  as  shall  be  most  convenient  for 
such  electors  and  shall  remain  open  not  less  than  three  hours  and 
ais  much  longer  as  shall,  in  the  opinion  of  the  inspectors  of  elec- 
tion serving  at  such  polls,  be  necessary  in  order  to  receive  the 
votes  of  all  electors  of  this  state  entitled  to  vote  at  such  polls; 
but  no  polls  shall  be  kept  open  later  than  sunset  of  the  day  on 
which  such  election  shall  be  held.  The  inspectors  shall  at  the 
opening  of  such  polls  miake  public  proclamation  of  the  opening 
thereof  amd  the  time  at  which  such  polls  shall  be  closed,  and  as 
near  as  may  be,  at  one  hour  before  the  closing  of  the  polls,  public 
proclamation  shall  again  be  made  by  the  inspectors  that  the 
polls  will  be  closed  at  a  time  certain  then  proclaimed,  which 
shall  be  the  hour  announced  in  the  proclamation,  miade  at  the 
opening  of  the  polls.  The  polls  shall  not  for  any  reason  be  kept 
open  after  the  hour  fixed  by  the  first  proclamation. 

§  10.  Organization  of  the  polls. — At  the  hour  and  place 
herein  provided  for  the  opening  of  the  polls,  the  qualified  electors 
of  this  state  then  present  shall,  by  viva  voce  vote,  select  four  of 
their  own  number  to  act  at  such  election  as  the  inspectors  of  elec- 
tion  thereof.  Such  inspectors  shall,  so  far  as  possible,  be  so 
selected  that  they  shall  equally  represent  the  two  political  parties 
of  this  state  which  at  the  last  preceding  election  in  this  state 
polled  the  highest  and  next  highest  number  of  votes  respectively. 
Such  inspectors,  when  so  elected,  shall  choose  one  of  their  number 
as  chairman  of  the  board  of  inspectors  by  election  or  by  drawing 
lots.  Such  chairman  shall  then  administer  the  oath  of  office  to 
the  other  inspectors  and  one  of  the  other  inspectors  shall  then 
administer  the  same  to  the  chairman.  The  oath  to  be  adminis- 
tered shall  be  as  follows: 


240  Soldiers  and  Sailors'  Election  Law. 

"  I  do  soIeTnnly  swear  (or  affirm)  that  I  will  support  the  con- 
stitution of  tbe  United  Static  and  the  constitution  of  the  state  of 
New  York,  and  that  I  will  faithfully  discbarge  the  duties  of  the 
office  of  inspector  of  election  according  to  the  best  of  my  ability." 

iSuch  oath  or  affirmation  shall  be  written  or  printed,  or  partly 
written  and  partly  printed,  and  attached  to  or  entered  upon  the 
poM-books  used  at  such  election,  and  subscribed  by  the  person 
taking  the  same,  and  certified  to  by  the  person  administering 
the  same.  Immediately  upon  the  organization  of  such  board  of 
inspectors  the  commanding  officers  to  whom  shall  have  been  de- 
livered any  official  war  ballots,  poll-books  and  envelopes  shall  de- 
liver the  same  to  *he  inspectors  of  election  of  such  election  and 
shall  take  a  receipt  therefor,  which  receipt  shall  be  forwarded  by 
mail  by  such  commandinig  officer  to  the  secretary  of  stjate.  The 
said  insi>eotors  shall  produce  and  have  at  the  polls,  before  any 
votes  aire  taken  by  them,  a  box  for  the  reception  of  the  ballots 
to  be  vot^  at  such  election.  Before  proceeding  to  take  any 
votes  they  shall  open  said  box  and  publicly  exhibit  the  inside 
thereof,  and  the  same  shall  be  entirely  empty.  They  shall  then 
close  and  securely  fasten  the  same  and  the  said  box  shall  not  be 
opened  again  until  the  close  of  the  polls  at  such  election.  Each 
such  box  shall  have  an  opening  in  the  top  thereof  for  the  recep- 
tion of  voted  ballots.  The  chairman  of  the  board  of  inspectors 
shall  have  charge  of  the  ballot-box  during  the  election  and  shall 
receive  from  the  qualified  electors  their  envelopes  containing 
ballots  and  shall  deposit  them  in  the  ballot-box.  He  shall  desig- 
nate two  other  inspectors,  of  opposite  political  faith,  if  possible, 
to  keep  the  poll-books  of  such  election.  The  remaining  inspector 
shall  have  charge  of  the  official  ballots  and  envelopes  and 
shall  deliver  the  same  to  the  qualified  electors  entitled  to  vote  at 
such  election. 

§  11.  Conduct  of  election.  —  The  election  shall  be  by  ballot. 
Before  any  person  shall  receive  an  official  ballot  or  be  permitted 
to  vote,  he  shall  make  and  subscribe  the  oath  printed  upon  the 
official  envelope,  as  provided  by  this  act,  and  any  member  of  said 
board  of  insi>ectors  is  hereby  authorized  to  administer  and  attest 


Soldiers  and  Sailors'  Election  Law.  241 

such  oath.     If  any  elector  shall  refuse  to  take  the  oath  so  ten- 
dered he  shall  not  be  allowed  to  vote;    but  if  he  shall  take  the 
oath  tendered  him  his  vote  shall  be  accepted.     Upon  taking  the 
oath  required,  the  elector  shall  give  to  the  inspectors  keeping  the 
poll-books,  who  shall  enter  upon  such  poll-book,  kept  by  each  of 
them,  his  name  and  residence  by  street  and  number, if  any, county 
and  city  or  town.     He  shall  also  give  such  other  information  as  is 
required  to  be  entered  in  such  poll-book.     When  such  elector 
gives  such  information  to  such  inspectors,  the  inspector  having 
charge  of  the  ballots  and  envelopes  shall  write  in  the  properblank 
spaces  upon  such  official  envelope  the  name  and  residence  by 
street  number,  if  any,  of  such  elector,  and  the  county,  and  the 
city  or  town  in  which  he  claims  to  reside,  and  shall  deliver  such 
ballot  or  ballots  and  such  envelope,  to  such  elector.  Such  elector 
shall  then  retire  to  some  convenient  place  and  shall  prepare  his 
ballots  and  envelope  for  voting.     The  elector  may  write  or  paste 
upon  his  ballot  the  name  of  any  person  for  whom  he  desires  to 
vote  for  any  office  for  which  such  elector  may  law'fully  vote  at 
such  election.    Any  such  elector  may  paste  upon  such  ballot  a 
printed  ballot  of  his  own  selection  or  preparation,  to  be  known 
as  a  paster  ballot  containing  the  titles  of  all  the  offices  to  be 
filled  and  the  names  of  the  candidates  therefor  for  whom  he  de- 
sires to  vote  and  be  entitled  to  vote  at  such  election.     Such  pas- 
ter ballot  may  be  gummed  and  the  elector  may  paste  the  whole  or 
any  part  of  such  paster  ballot  upon  the  official  ballot.  Any  name 
so  written  or  pasted  upon  the  official  ballot  shall  be  deemed  the 
choice  of  the  elector.     All  pasters  shall  be  of  white  paper  and 
printed  in  type  uniform  with  that  required  to  be  used  upon  the 
official  ballot  and  printed  in  plain  black  ink.    A  paster  shall  be 
so  attached  to  the  ballot  that  when  the  ballot  is  folded  no  printed 
portion  of  such  paster  shall  be  visible.    After  preparing  his  bal- 
lot and  before  delivering  the  same  to  the  chairman  of  the  board  of 
inspectors,  the  elector  shall  fold  his  ballots  in  such  a  way  that  the 
contents  of  the  ballot  shall  be  concealed  and  enclose  the  same  in 
such  envelope  which  he  shall  securely  seal.      He  shall  then  de- 
liver such  envelope  to  the  chairman  of  the  board  of  inspectors; 


242  Soldiers  and  Sailors'  Election  Law. 

but  before  such  envelope  shall  be  deposited  in  the  ballot-box  the 
chairman  shall  declare  from  such  envelope  the  name  of  such  elec- 
tor and  his  residence  by  street  and  number,  if  any,  county  and 
city  or  town,  and  if  such  elector  is  entitled  to  vote  and  such 
envelope  is  securely  sealed  and  his  name  and  the  other  matter 
hereby  required,  is  recorded  upon  the  poll-books  the  inspector 
keeping  such  poll-books  shall  announce  the  same  as  correct  and 
shall  record  such  elector  as  voting.  The  chairman  shall  there- 
upon deposit  such  envelope  containing  such  ballot  or  ballots 
in  the  ballot-box.  Any  elector  so  having  voted,  shall  not  again 
be  entitled  to  vote  at  such  election,  though  present  on  election 
day  in  the  election  district  where  he  resides.  If,  for  any  €ause, 
the  oflScial  ballots,  poll-books  and  envelopes  shall  not  be  pro- 
vided as  required  by  law  at  any  polling-place,  upon  the  opening 
of  the  polls  for  any  election  thereat,  or  if  the  supply  of  oflScial 
ballots  or  envelopes  shall  be  exhausted  before  the  polls  are 
closed,  unofficial  ballots,  poll-books  and  envelopes  printed  or 
written,  made  as  nearly  as  practicable  in  the  form  of  the  official 
ballot,  poll-books  and  envelopes  may  be  used. 

§  12.  Count  of  the  votes. — As  soon  as  the  polls  of  an  election 
are  closed,  the  inspectors  of  election  thereat  shall  publicly  destroy 
all  official  envelopes  and  ballots  not  voted;  and  shall  then  publicly 
open  such  ballot-boxes  and  i;ount  and  ascertain  the  number  of 
electors  voting  and  not  adjourn  or  postpone  the  count  until  it  shall 
be  fully  completed.  The  board  of  inspectors  shall  •commence  the 
count  by  comparing  the  two-poll-books  used  at  such  election, 
correcting  any  mistakes  therein,  and  by  counting  the  envelopes 
containing  ballots  found  in  the  ballot-boxes  without  opening 
them, and  by  comparinw  the  envelopes  containing  ballots  found  in 
such  box  with  the  number  shown  hy  the  poll-books  4:o  have  been 
deposited  therein.  The  inspectors  shall  number  each  elector 
whose  name  is  recorded  in  such  poll-books  as  having  voted  begin- 
ning with  the  first  name  entered  therein  and  numbering  the  same 
in  coneecu'tive  order  and  shall  fill  out  and  sign  the  certificate 
required  to  be  made  by  them  as  to  the  who)e  number  voting  at 
Buch  election.    If  the  envelopes  containing  ballots  found  in  such 


Soldiers  and  Sailors'  Election  Law. 


243 


box  shall  be  more  than  the  number  of  such  envelopes  so  shown 
by  the  poll-books  to  have  been  deposited  therein  the  inspectors 
shall  compare  the  names  upon  such  envelopes  with  the  name«j 
recorded  in  such  poll-books  and  all  such  envelopes  so  fooind  in 
said  ballot-box  purporting  to  have  been  deposited  therein  by  an 
elector  whose  name  is  not  duly  entered  in  such  poll-books  as 
herein  provided,  shall  with  their  contents  be  immediately  de- 
stroyed, without  opening  the  same;  and  if  more  than  one  such 
envelope  shall  be  found  in  said  ballot-box  purporting  to  have 
been  deposited  therein  by  the  same  elector,  then  all  such  envelopes 
and  their  contents  purporting  to  have  been  deposited  in  such  bal- 
lot-box by  such  elector  shall  be  destroyed.  No  such  envelope 
that  has  not  the  official  endorsemenit  as  herein  provided  shall  be 
counted.  At  the  completion  of  the  count  the  inspectors  shall 
certify  the  correctness  of  the  same  upon  the  poll-books  and  shall 
publicly  announce  the  result  of  such  count.  The  inspectors  shall 
thereupon  enclose  all  such  envelopes  containing  ballots  without 
opening  the  same,  in  a  sealed  package  with  one  of  said  poll-books 
and  shall  direct  them  to  the  secretary  of  state,  at  Albany,  New 
York,  and  shall  forward  the  same*  by  mail  or  expreSiS  to  him 
as  soon  as  possible  after  such  election.  The  other  of  such  poll- 
books  shall  be  sealed  in  an  envelope  directed  to  the  governor 
of  the  state  of  New  York,  at  Albany,  New  York,  and  shall  be 
forwarded  forthwith  to  him  by  mail  or  express,  but  by  different 
hands,  if  possible,  from  those  carrying  such  envelopes  containing 
ballots  and  such  poll-books,  so  directed  to  be  forwarded  to  the 
secretary  of  state;  receipts  therefor,  respectively,  being  taken 
by  the  chairman  of  the  board  of  inspectors. 

§  13.  Returns  not  t^  be  rejected  because  of  informality  of 
election.  —  No  mere  informality  in  the  manner  of  carrying  out  or 
executing  the  provisions  of  this  act  shall  invalidate  the  election 
held  under  the  game  or  authorize  the  rejection  of  the  returns 
thereof;  and  the  provisions  of  this  act  shall  be  liberally  construed 
for  the  purposes  herein  expressed  or  intended. 

§  14.  Disposition  of  envelopes  and  ballots. — Upon  the  receipt 
by  the  governor  of  the  poll-books  of  the  votes  cast  at  any  such 


244  Soldiers  and  Sailors'  Election  Law. 

election,  he  shall  deliver  the  same  to  the  secretary  of  state.  The 
secretary  of  state  saall  upon  receipt  of  the  packages  notify  the 
chairman  or  any  member  of  the  state  committees  of  the  parties 
which  at  the  last  election  for  governor  cast  the  highest  and  the 
next  highest  number  of  votes  for  such  office,  that  at  a  day  and 
hour  named  therein  at  his  office  he  will  open  the  packages  and 
compare  the  poll-books  with  the  envelopes  containing  ballots 
received  by  him  and  with  the  poll-books  if  any  received  from  the 
governor.  Such  notice  shall  be  served  personally  or  by  mail 
directed  to  the  last  known  place  of  residence  of  such  person.  He 
shall  forthwith  prepare  from  said  poll-books  and  envelopes  a 
separate  statement  for  each  county  under  his  official  seal  in  which 
shall  appear  all  the  information  hereby  required  to  be  entered  in 
such  poll-books,  concerning  the  electors  resident  in  such  county. 
He  shall  affix  his  seal  of  office  to  each  such  envelope  and  shall 
transmit  such  statement  with  all  the  envelopes  containing  ballots 
of  such  electors  resident  in  such  county,  to  the  clerk  of  each  such 
county,  except  that  in  any  county  within  the  city  of  New  York 
where  such  statement  and  envelopes  shall  be  transmitted  to  the 
police  board,  or  such  other  persons  or  board  as  may  hereafter  be 
lawfully  constituted  to  receive  election  returns,  taking  his  or 
their  receipt  for  such  statement  and  the  number  of  such  envel- 
opes. Such  county  clerk  or  in  the  counties  within  the  city  of 
New  York,  board  of  police  or  other  person  or  body  lawfully 
constituted  to  receive  election  returns,  shall  forthwith  give  writ- 
ten notice  of  such  receipt  by  them,  to  the  board  of  inspect- 
ors of  election  of  each  district  to  which  they  respectively  relate, 
by  enclosing  such  notice  in  a  properly  sealed  wrapper  addressed 
to  the  chairman  of  such  board  at  his  post-office  address  and  by 
prepaying  the  postage  thereon.  Each  county  clerk  and  said 
police  board,  said  person  or  other  body  lawfully  constituted  to 
receive  election  returns,  after  the  receipt  of  such  statement  and 
envelopes,  shall  notify  the  chairman  or  any  member  of  the 
county  committees  of  the  parties  which  at  the  last  election 
for  governor  cast  the  highest  and  next  highest  number  of  votes 
for  such  office  in  the  state,  that  at  a  day  and  hour  named  therein 
at  his  or  their  office  he  or  they  will  open  the  packages  containing 
such  statement  and  envelopes.     Such  notice  shall  be  served  per- 


Soldiers  and  Sailors'  Election  Law.  24s 

sonally  or  by  mail  directed  to  the  last  known  place  of  residence 
of  such  person.  It  shall  be  the  duty  of  such  county  clerk 
and  said  police  board  or  said  other  person  or  body  lawfully  con- 
stituted to  receive  election  returns,  to  prepare  a  statement  in  like 
form  for  each  election  district  in  said  county  in  which  any  such 
elector  shall  reside,  and  to  transmit  or  deliver  such  statement 
with  the  envelopes  containing  ballots  of  electors  resident  in  such 
election  district  to  one  of  the  inspectors  of  election  of  said  dis- 
trict, taking  his  receipt  therefor,  on  the  day  before  the  board  of 
inspectors  of  election  of  said  district  shall  convene  for  the  pur- 
pose of  canvassing  such  votes,  as  herein  provided,  who  shall 
deliver  the  same  to  such  board.  All  statements  provided  by  this 
act  shall  be  public  records.  The  inspectors  in  any  election  dis- 
trict wherein  any  such  ballots  are  to  be  canvassed,  shall  convene 
at  the  place  where  the  election  was  held,  on  the  sixth  Tuesday 
after  the  election  day  at  ten  o'clock  in  the  forenoon  to  canvass 
such  votes.  It  shall  be  the  duty  of  each  board  of  inspectors  of 
election  immediately  upon  their  convening  as  herein  provided  to 
open  said  polls;  and  the  chairman  thereof  or,  in  his  absence,  such 
other  member  as  shall  be  chosen  to  act  as  chairman,  as  provided 
by  law,  shall  publicly  read  aloud  the  endorsement  contained 
upon  each  such  envelope,  and  if  such  elector  shall  be  a  qualified 
elector  in  such  election  district,  the  chairman  or  acting  chairman 
shall  then  carefully  open  said  envelope  and  without  unfolding  or 
inspecting  the  contents  of  such  ballot  or  ballots,  shall  deposit 
the  same  in  the  ballot-box  or  boxes  provided  therefor.  If  any 
such  envelope  shall  contain  more  than  one  ballot  for  the  same 
officers,  amendment  or  question,  all  ballots  therein  shall  be 
rejected.  Said  inspectors  shall  file  all  such  envelopes  with  their 
return  in  the  office  of  the  county  clerk  of  the  county  where  the 
said  election  district  is  situated.  If  upon  investigation  made 
before  the  deposit  of  said  ballot  it  shall  be  determined  that  such 
elector  is  not  a  qualified  elector  in  said  election  district,  his  said 
ballot  or  ballots  shall  be  destroyed  without  unfolding  or  inspect- 
ing the  same,  and  the  said  envelope  shall  be  filed  as  above 
provided.     (Thus  amended  by  chap.  641,  L.  1899.) 

§  15.  Canvass  by  election  district  and  county  canvassers. — 
After  all  such  ballots  shall  have  been  cast,  said  inspectors  of  elec- 
tion shall  immediately  proceed  to  canvass  the  same,  and  make  a 
statement  and  return  thereof  as  provided  by  law.  and  forthwith 
forward  the  same  to  the  county  clerk,  by  one  of  their  number. 
The  county  board  of  canvassers  or  such  other  board  as  performs 
like  duties,  shall  convene  on  the  seventh  Thursday  after  the  elec- 
tion day,  at  their  usual  place  of  meeting,  at  one  o'clock  in  the 
afternoon  for  the  purpose  of  canvassing  such  statements  and 
returns.     {Thus  amended  by  chap.  58,  L.  1899.) 


246  Soldiers  and  Sailors'  Election  Law. 

§  16.  Canvass  by  county  board. — At  such  meeting  of  the  countj; 
or  other  canvassing  board  the  said  board  shall  proceed  to  caji- 
rass  such  statements  and  returns  of  the  respective  election  dis- 
trict boai'ds  of  inspectors  and  shall  from  such  istiatements  and 
returns,  together  with  the  statements  and  returns  theretofore 
mflde  of  such  election,  make  new  and  separate  statements  of  the 
TOtes  cast  in  such  countv  or  any  part  thereof,  and  shall  complete 
their  canvass  and  make  the  statements  provided  for  by  section 
one  hundred  and  thirty-five  of  the  general  election  law,  and  they 
shall  not,  until  such  meeting,  determine  the  result  of  the  election, 
anything  now  provided  by  law  to  the  contrary  notwithstanding. 
But  nothing  herein  shall  prevent  any  county  board  of  canvassers 
from  proceeding  as  provided  by  the  election  law  *»xcept  as  to  such 
final  determination.  Such  meeting  or  meetings  of  the  board  of 
county  canvassers  shall  be  deemed  a  continuattion  of  its  regular 
session. 

§  17.  Canvass  by  state  board. — If  any  such  new  statements 
shall  be  made  by  a  county  board  after  the  time  fixed  by 
law  for  the  canvass  of  the  regular  statements  of  the  county 
boards  by  the  state  board  of  canvassers,  the  state  board  of  can- 
vassers shall  convene  upon  notice  by  the  secretary  of  state  and. 
shall  proceed  to  canvass  such  new  statements  of  a  county  board, 
and  their  original  canvass,  if  any,  shall  be  corrected  accordingly; 
and  the  state  board  of  canvassers  shall  cause  a  determination  of 
such  result  to  be  made  in  accordance  with  such  new  statements. 
'And  they  shall  not,  until  such  meeting,  determine  the  result  of  the 
election,  anything  now  provided  by  law  to  the  contrary  notwith- 
standing. 

§  18.  Returns  or  statements  not  made  and  filed  prior  to  cer- 
tain dates  in  any  year  not  to  be  canvassed.— No  statement,  as 
provided  by  this  act,  which  shall  not  have  been  duly  made  and  filed 
by  a  county  board  of  canvassers  prior  to  the  twenty-ninth  day  of 
December  next  succeeding  such  election  in  any  year,  shall  be  can- 
vaesed  or  affect  the  result  of  such  an  election;  and  no  return,  or 
statement  not  received  by  a  county  board  of  canvassers  at  their 
18 


Soldiers  and  Sailors'  Election  Law.  247 

meeting,  herein  provided  for,  shall  be  thereafter  canvassed,  or 
affect  the  result  of  such  election. 

§  19.  Provisions  of  penal  code  relating  to  crimes  against  the 
elective  franchise  to  apply. — All  the  provisions  of  the  penal  code 
relating  to  crimes  against  the  elective  franchise  shall  be  deemed 
to  apply  to  all  elections  held  under  the  provisions  of  this  act,  and 
any  person  who  shall  violate  any  such  provisions  may  be  indicted 
at  any  time  in  any  county  of  this  state  and  imay  be  fined  or  im- 
prisoned or  both  so  fined  and  imprisoned  upon  conviction  thereof 
whenever  found  in  this  state. 

§  20.  Filling  vacancies  in  the  office  of  inspector  of  elec- 
tions. — It  shall  be  lawful  for  a  majority  of  the  inspectors  of  elec- 
tion, provided  for  by  this  act  to  execute  all  the  trusts  and  duties 
required  to  be  executed  by  the  inspect(5rs  herein  provided  for. 
And  if  for  any  cause,  after  the  inspectors  of  election  hereinbefore 
provided  for  shall  have  been  chosen,  any  of  the  said  inspectors 
shall  permanently  absent  himself  from  the  place  of  holding  such 
election,  or  shall  for  any  cause  be  obliged  permanently  to  leave 
the  place  of  holding  such  election,  the  remaining  inspectors,  or 
on  their  default  the*  electors  present  may  fill  such  vacancy  pre- 
serving, if  possible,  the  bi-partisanship  of  such  board;  and  any 
person  so  appointed  to  fill  such  vacancy  shall  take  the  oath  of 
office  and  shall  thereupon  continue  with  the  other  inspectors  to 
perform  the  duties  of  such  office  at  such  election  to  the  end 
thereof. 

§  21.  Elections  may  be  contested. — All  elections  held  under 
this  act  shall  be  subject  to  contest  and  inquiry  in  the  same  manner 
as  elections  held  within  this  state.  The  sealed  packages  of  voted 
ballots  shall  be  held  inviolate  in  the  office  in  which  they  are  filed, 
subject  to  the  order  of  a  court  of  competent  jurisdiction  and  may 
upon  such  order  of  such  court  be  opened  and  canvassed. 

§  22.  General  provisions  of  the  election  law  to  apply. — 
The  several  officers  or  persons  authorized  by  the  provisions  of  this 
act  to  conduct  the  elections  held  by  virtue  thereof  shall  have  the 
like  powers,  and  they,  as  well  as  other  persons  who  may  be  candi- 
dates for  office  at  such  election,  or  who  may  attend  such  election^ 


248  Soldiers  and  Sailors'  Election  Law, 

or  may  vote  or  offer  to  vote  at  such  election,  shall  be  subject  to 
the  like  penalties  and  restrictions  as  are  declared  and  provided 
by  law  in  case  of  elections  within  this  state,  and  all  provisions  of 
the  greneral  election  law  of  this  state,  as  far  as  applicable  and  not 
inconsistent  with  the  provisions  of  this  act  shall  apply  to  elec- 
tions held  under  this  act. 

§  23.  Copies  of  this  act  to  be  published  and  distributed! — 
The  secretary  of  state  shall,  imimediately  upon  the  passage  of  this 
act,  cause  the  same  to  be  published  in  pamphlet  form,  properly 
indexed,  and  shall  cause  the  same  to  be  as  generally,  as  may  be, 
circulated  among  the  electors  of  this  state  absent  from  their 
respective  election  districts  in  time  of  war  in  the  actual  military 
service  of  this  state  or  of  the  United  States,  in  the  army  or  navy 
thereof.  The  secretary  of  state  shall  also  provide  in  addition  to 
the  necessary  oflScial  ballots,  poll-books  and  envelopes,  such  other 
blank  forms,  envelopes,  instructions  to  voters,  and  other  station- 
ery for  use  at  each  poll  of  any  election  held  under  this  act,  as  may 
be  necessary  for  the  proper  conduct  of  such  election  and  shall 
transmit  them  to  the  proper  place  and  to  the  proper  persons  in 
ample  time  for  their  safe  delivery  and  use  at  such  election.  He 
may  procure  any  of  the  printing  and  supplies  required  by  this  act 
wherever  he  deems  it  desirable  for  the  best  interests  of  the  state. 
He  shall  also  provide  for  the  return  of  such  poll-books,  envelopes 
and  ballots  of  such  election  to  him  at  the  expense  of  this  state. 

§  24.  Appropriation.  — The  sum  of  twenty  thousand  dollars,  or 
so  much  thereof  as  may  be  necessary,  is  hereby  appropriated  out 
of  any  moneys  in  the  treasury  not  otherwise  appropriated,  for  the 
purpose  of  carrying  out  the  provisions  of  this  act. 

§  25.  This  act  shall  take  effect  imimediatelj. 


Metropolitan  Elections  District  Law. 


Chap.  676. 

AN  ACT  to  create  a  metropolitan  elections  district ;  provide  for 
the  appointment  of  a  state  superintendent  therein,  and  to  pre- 
scribe his  powers  and  duties. 

Became  a  law  July  i6,  1898,  with  the  approval  of  the  Governor.     Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  Kezv  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follozvs: 

Section  i.  Metropolitan  elections  district. —  The  counties  of 
New  York,  Kings,  Queens,  Richmond  and  Westchester  arc 
hereby  constituted  a  metropolitan  elections  district  for  the  pur- 
pose of  all  elections  for  state  officers  hereafter  to  be  held  therein. 
(Thus  amended  by  chap.  689.  L.  1905,  in  effect  June  2.  1905.) 

§  2.  State  superintendent  of  elections,  chief  deputy  and  assist- 
ants.—  The  governor,  within  ten  days  after  this  act  takes  effect, 
shall  appoint  an  officer,  by  and  with  the  advice  and  consent  of  the 
senate,  to  be  known  as  "  the  state  superintendent  of  elections  for 
the  metropolitan  elections  district."  He  shall  be  a  resident  of  one 
of  the  aforesaid  counties  and  shall  hold  office  for  the  term  ending 
December  thirty-first,  nineteen  hundred  and  two.  His  successor 
shall  be  appointed  for  the  full  term  of  four  years,  and  all  terms 
shall  expire  on  the  thirty-first  day  of  December.  Vacancies  shall 
be  filled  for  the  remainder  of  the  unexpired  term.  Such  super- 
intendent may  be  removed  from  office  in  the  same  manner  as  a 
sheriff.  He  may  appoint  a  chief  deputy  without  nomination,  a 
clerk,  a  secretary  and  a  stenographer,  and  remove  them  at 
pleasure. 

§  3.  Powers  of  superintendent,  clerk  and  deputies. —  Such  state 
superintendent  of  elections  and  each  deputy  appointed  by  him, 
shall  possess  and  exercise  all  the  powers  vested  in  a  sheriff,  as  a 
conservator  of  the  peace,  either  by  statute  or  common  law.  The 
clerk,  appointed  by  the  state  superintendent  of  elections  pursuant 
to  the  provisions  of  this  act  shall  have  power  when  directed  by 
the  state  superintendent  of  elections,  to  administer  oaths  and 
affirmations  required  by  law.  or  by  any  order,  rule  or  regulation 
of  the  state  superintendent  of  elections,  for  or  in  connection  with 
the  appointment  and  qualification  of  deputy  superintendents  of 


250  Metropolitan  Elections  District  Law. 

elections  appointed  pursuant  to  the  provisions  of  sections  four  and 
five  of  this  act.  {Thus  amended  by  chap.  689,  L.  1905,  in  effect 
June  2,  1905.) 

§  4.  Deputies ;  appointment,  qualification,  terms,  etc. —  Such 
superintendent  may  appoint  not  exceeding  four  hundred  deputy 
superintendents  of  election  for  the  metropolitan  elections  district 
for  service  in  the  counties  mentioned  in  the  first  section  of  this 
act,  and  administer,  or  cause  to  be  administered  to  them  the  oath 
of  office.  On  or  before  the  fifteenth  day  of  August  said  state 
superintendent  shall  notify  the  chairman  of  each  county  com- 
mittee representing  a  political  party  in  such  county  in  said  metro- 
politan elections  district  entitled  to  representation  in  local  elec- 
tion boards  therein,  that  each  such  party  is  entitled  to  nominate 
one-half  the  number  of  deputies  to  be  appointed,  and  shall  in 
such  notification  specify  the  number  to  be  nominated  by  the  party 
so  notified,  and  that  written  nominations  for  such  appointment 
will  be  received  by  him  on  or  before  a  specified  date.  A  deputy 
state  superintendent  must  possess  the  qualifications  of  election 
officers  required  by  the  election  law,  except  that  he  need  not  be 
a  resident  of  the  election  district  in  which  he  serves.  Each 
such  chainnan  of  a  county  committee  may  present  to  the  state 
superintendent  a  list  containing  the  number  of  names  specified 
in  the  notice  given  by  the  superintendent  to  the  said  chairman, 
and  appointments  shall  be  made  from  such  lists  or  from  a  sup- 
plemental list  as  herein  provided.  One-half  of  the  appoint- 
ments so  made  shall  be  made  from  each  of  the  parties  making 
such  nomination,  provided,  however,  that  all  persons  so  appointed 
shall  possess  the  qualifications  required  by  law.  All  persons  so 
proposed  for  appointment  may  be  examined  as  to  their  possessing 
the  qualifications  required  by  section  eleven  of  the  election  law, 
by  or  under  the  direction  of  the  state  superintendent,  who  shall 
give  five  days'  notice  in  writing  of  such  proposed  examination  to 
the  person  to  be  examined,  and  also  to  the  chairman  of  the  com- 
mittee or  other  person  by  whom  the  list  was  filed  and  authenti- 
cated, and  such  chairman  or  other  person  may  appear  and  be 
heard  on  such  examination,  either  in  person  or  by  counsel.  If  a 
person  so  nominated  is  not  examined,  or  if  after  examination  he 
is  found  qualified,  under  section  eleven  of  the  election  law,  he  shall 
be  appointed.  If  a  person  so  proposed  is  found  disqualified  after 
examination,  notice  in  writing  to  that  effect  shall  be  given  by  the 
superintendent  within  three  days  after  such  disqualification  is  de- 
termined by  him,  to  the  chairman  of  the  committee  or  other  per- 
son by  whom  the  list  embracing  the  name  of  the  person  so  dis- 
qualified was  authenticated  ;  and  such  chairman  or  other  person 
may  thereupon  file  a  supplemental  list  containing  the  names  of 
persons  nominated  to  fill  such  vacancies.  Additional  supple- 
mental lists  may  also  be  filed  from  time  to  time  on  notice  by  the 
superintendent,  until  all  the  appointments  to  which  a  party  is 


Metropolitan  Elections  District  Law. 


2^1 


entitled  are  made.  Any  vacancy  occurring  by  disqualification  or 
otherwise  shall  be  filled  by  the  appointment  of  a  qualified  person 
named  in  a  supplemental  list  filed  on  behalf  of  the  same  party, 
except  that  if  a  party  entitled  to  representation  files  no  original 
list,  nor  a  supplemental  list  after  notice,  the  appointment  ma}-  be 
made  without  such  lists,  and  without  nomination. 

The  term  of  office  of  a  deputy  superintendent  appointed  under 
this  section  shall  expire  on  the  thirty-first  day  of  December  of 
the  calendar  year  in  which  he  is  appointed.  (Thus  amended  by 
chap.  689,  X.  1905,  in  effect  June  2,  1905.) 

§  5.  Additional  deputies. —  The  superintendent,  whenever  he 
deems  it  necessary,  may  appoint,  without  nomination,  and  at 
pleasure  remove,  not  more  than  one  hundred  and  fifty  additional 
deputies,  to  be  employed  by  him  in  enforcing  the  provisions  of 
this  act.  Deputies  appointed  under  this  section  shall  not  as 
such  be  entitled  to  attend  at  the  polling  places  on  election  dav. 
but  in  all  other  respects  possess  the  same  powers  and  are  charged 
with  the  same  duties  as  other  deputies  appointed  under  this  act. 
(Thus  amended  by  chap.  499,  L.  1899,  and  chap.  689,  L.  1905, 
in  effect  June  2,  1905.) 

§  6.  Control  and  powers  of  deputies ;  refusal  to  furnish  informa- 
tion.—  All  deputies  appointed  under  this  act  shall  be  subject  to 
the  direction  and  control  of  the  state  superintendent,  and  he  may 
assign  them  to  any  election  district  in  the  metropolitan  elections 
district.  Such  deputies,  when  directed  by  the  state  superintend- 
ent shall,  or  on  their  own  motion,  or  on  complaint  of  any  citizen 
of  the  state  may  : 

1.  Investigate  all  questions  relating  to  registration  of  voters, 
and  for  that  purpose  shall  have  power  to  visit  and  inspect  any 
house,  dwelling,  building,  inn,  lodging-house  or  hotel  within  the 
metropolitan  district,  and  interrogate  any  inmate,  house-dweller, 
keeper,  care-taker,  owner,  proprietor  or  landlord  thereof  or 
therein,  as  to  any  person  or  persons  residing  or  claiming  to  reside 
therein  or  thereat. 

2.  Arrest  any  person  without  warrant  who  in  his  presence  vio- 
lates or  attempts  to  violate  any  of  the  provisions  of  the  election 
law  or  the  penal  code  relating  to  crimes  against  the  elective  fran- 
chise. 

3.  Execute  warrants  of  arrest  and  take  into  custody  the  person 
or  persons  named  in  such  process. 

4.  Inspect  and  copy  any  books,  records,  papers  or  docimients 
relating  to  or  afifecting  the  election  or  the  registration  of  electors. 

5.  Require  every  lodging-house  keeper,  landlord  or  proprietor 
to  exhibit  his  register  of  lodgers  therein  at  any  time  to  such 
deputy. 

Any  person  who  neglects  or  refuses  to  furnish  any  information 
required  or  authorized  by  this  act,  or  to  exhibit  records,  papers. 


252  Metropolitan  Elections  District  Law. 

or  documents  herein  authorized  to  be  inspected,  or  which  are 
required  to  be  exhibited,  shall  be  guilty  of  a  misdemeanor. 
{Thus  amended  by  chap.  689,  L.  1905,  in  effect  June  2,  1905.) 

Refusal  to  answer  questions. —  The  power  given  to  deputies  appointed 
under  the  above  act  to  investigate  questions  relating  to  the  registration  of 
voters,  and  for  that  purpose  to  interrogate  any  inmate  or  proprietor  of 
any  house,  as  to  any  person  residing  or  claiming  to  reside  therein,  cannot 
be  exercised  until  after  registration ;  it  is,  therefore,  not  a  misdemeanor 
for  an  inmate  of  a  lodging-house  to  refuse  to  answer  questions  before  he 
has  registered.  (People  ex  rel.  Maker  v.  Carleton,  41  Misc.  Rep.  523; 
85  N.  Y.  Supp.  22.) 

§  7.  Aid  and  assistance  of  persons  and  public  officers. —  The 
state  superintendent,  or  any  deputy,  may  call  on  any  person  to 
assist  him  in  the  performance  of  his  duty ;  and  he  may  also  call 
on  any  public  ofhcer  who  by  himself  or  his  assistants,  deputies  or 
subordinates  shall  render  such  assistance  as  may  be  required. 
Any  such  person,  ptiblic  officer,  deputy  or  subordinate  who  shall 
fail,  on  demand  of  the  superintendent  or  any  deputy,  to  render 
such  aid  and  assistance  in  the  performance  of  his  duty  as  he  shall 
demand,  or  who  shall  wilfully  hinder  or  delay,  or  attempt  to 
hinder  or  delay  such  superintendent  or  deputy,  in  the  performance 
of  his  duty,  shall  be  guilty  of  a  felony  and  shall  upon  conviction 
thereof  be  sentenced  to  imprisonment  in  a  state  prison  for  a  period 
of  not  inore  than  three  years ;  and  if  a  public  officer,  shall,  in  ad- 
dition to  such  imprisonment,  forfeit  his  office.  A  member  of 
a  uniformed  police  force  and  every  sheriff,  deputy  sheriff  and 
election  officer  shall,  for  the  purpose  of  this  act,  be  deemed  a 
public  officer.  The  state  superintendent  shall  have  power  to  issue 
subpoenas  for  the  purpose  of  investigating  any  matter  within 
his  jurisdiction  and  of  aiding  him  in  enforcing  the  provisions  of 
this  act,  such  subpoenas  to  be  issued  in  the  name  of  the  state 
superintendent.  He  may  in  proper  cases  issue  subpoenas  duces 
tecum.  A  subpoena  issued  by  the  state  superintendent  of  elec- 
tions may  be  served  by  the  said  superintendent  or  by  any  deputy 
appointed  by  him  or  by  any  police  or  peace  officer  within  the 
metropolitan  elections  district.  Any  person  who  shall  omit, 
neglect  or  refuse  to  obey  a  subpoena  attested  in  the  name  of  the 
state  superintendent  and  made  returnable  at  one  of  the  offices  or 
branch  offices  of  the  superintendent,  or  who  shall  refuse  to  testify 
under  oath  before  him  or  his  chief  deputy,  or  other  deputy  duly 
designated  by  the  superintendent,  pursuant  to  the  provisions  of 
this  section,  is  guilty  of  a  misdemeanor.  The  superintendent,  his 
chief  deputy  and  not  more  than  ten  deputies  duly  designated  by 
the  superintendent  for  that  purpose,  under  his  hand  and  seal  of 
office,  are  hereby  authorized  and  empowered  to  administer  oaths 
and  affirmations  in  the  usual  appropriate  forms,  to  any  person 
in  any  matter  or  proceedings  authorized  as  aforesaid,  and  in  all 
matters  pertaining  or  relating  to  the  elective  franchise  and  to 


Metropolitan  Elections  District  Law.  253 

take  and  administer  oaths  and  affirmations  in  the  usual  a]jpro- 
priate  forms,  in  taking  any  affidavit  or  deposition  which  may  be 
necessary  or  required  by  law  or  by  any  order,  rule  or  reg^ula- 
tions  of  the  superintendent  for  or  in  connection  with  the  official 
purposes,  affairs,  powers,  duties  or  proceeding's  of  said  super- 
intendent or  deputies  or  any  official  purpose  lawfully  authorized 
by  said  superintendent.  Any  person  who  shall  make  anv  false 
statement  under  oath  before  the  state  superintendent,  his  deputy, 
or  other  deputy  authorized  to  take  oaths,  as  herein  provided,  is 
guilty  of  a  felony.  (Thus  amended  by  chap.  449,  L.  1899;  chap. 
684,  L.  1900,  and  chap.  689,  L.  1905,  in  effect  June  2,  1905.) 

The  conviction  under  an  indictment  charging  the  defendant  with  vio- 
lating the  provisions  of  this  section  by  assisting  in  the  escape  of  a  regis- 
tered elector,  who,  when  he  attempted  to  vote  on  election  day,  was  ar- 
rested by  a  deputy  superintendent  of  elections  without  a  warrant,  on  a 
charge  of  having  falsely  registered  cannot  be  sustained,  in  the  absence  of 
proof  that  the  person  whom  tlie  deputy  superintendent  of  elections  had 
arrested  was  actually  guilty  of  the  crime  of  false  registration.  {People  v. 
Hochstim,  76  App.  Div.  25';  78  N.  Y.  Supp.  638.) 

§  8.  Attendance  and  duties  at  polling  places. —  The  state  super- 
intendent may  attend  at  any  election,  and  each  deputy  superin- 
tendent shall,  on  election  day,  attend  the  election  at  the  polling 
place  to  which  he  is  assigned.  The  state  superintendent  shall  as- 
sign an  eqtial  number  of  deputies  from  each  of  the  parties  entitled 
to  nominate  deputy  superintendents  at  every  polling  place  where 
such  deputies  are  assigned  by  him.  The  state  superintendent  and 
each  deputy  shall  be  admitted  at  any  time  within  any  polling  place 
and  within  the  guard  rails  thereof.  It  shall  be  the  duty  of  the 
superintendent  and  of  each  deputy  during  the  election  to  pre- 
serve order  and  arrest  any  person  violating  or  attempting  to  vio- 
late the  election  law  or  any  provision  of  the  penal  code  relating 
to  the  elective  franchise.  (Thus  amended  by  chap.  689,  L.  1905, 
in  effect  June  2.   1905.) 

§  9.  Duties  of  lodging  house  and  hotel  keepers,  chief  of  police 
and  heads  of  certain  departments. —  It  shall  be  the  duty  of  every 
landlord,  proprietor,  lessee  or  keeper  of  a  lodging  house,  inn  or 
hotel,  in  the  metropolitan  elections  district,  to  keep  a  register  in 
vi^hich  shall  be  entered  the  name  and  residence,  the  date  of  arrival 
and  departure  of  their  guests  and  the  room  or  rooms  occupied 
by  them,  and  such  landlord,  proprietor,  lessee  or  keeper  shall 
make  a  sworn  report  upon  a  blank  to  be  prepared  and  furnished 
by  the  state  superintendent  twenty-nine  days  before  the  election 
next  ensuing  to  the  said  superintendent  of  elections,  which  report 
shall  contain  a  detailed  description  of  the  prejiiises  so  used  and 
occupied  as  a  lodging  house,  inn  or  hotel,  including  the  size  and 
character  of  building,  and  in  case  only  part  of  a  building  is  so 
used,  a  statement  as  to  what  part  of  said  building  is  so  used,  and 
also  if  there  be  more  than  one  building  on  the  premises,  which 
particular  building  is  so  used,  and  the  names  of  the  lodgers 


254  Metropolitan  Elections  District  Law. 

therein  and  all  employees  and  all  other  persons  living  therein 
including  the  landlord,  proprietor,  lessee  or  keeper  and  members 
of  his  family,  who  claim  a  voting  residence  at  or  in  such  lodging 
house,  inn  or  hotel,  together  with  the  length  of  time  they  have 
been  regularly  lodging  or  living  therein,  state  the  beginning 
thereof,  the  color,  age,  height,  weight,  color  of  hair,  marks  on 
face  or  hands,  the  complexion  of  and  any  distinguishing  marks 
or  features  of  face  or  body  whereby  such  persons  may  be  iden- 
tified, the  place  of  their  nativity,  the  occupation  of  and  place  of 
business  of  such  persons  and  designating  the  room  occupied  by 
such  person,  and  whether  such  person  is  a  guest,  landlord,  pro- 
prietor, lessee  or  keeper,  or  member  of  the  family  of  the  landlord, 
proprietor,  lessee  or  keeper.  To  the  end  that  the  sworn  report 
herein  required  shall  truly  set  forth  the  facts  therein  stated,  it 
shall  be  the  duty  of  the  said  landlord,  proprietor,  lessee  or  keeper 
to  question  each  male  person  lodging  or  living  in  such  lodging 
house,  inn  or  hotel  as  to  his  intention  of  claiming  such  place  as  a 
voting  residence,  and  such  person  shall  thereupon  declare  his 
intention  thereof,  and  if  he  shall  claim  such  place  as  his  vothig 
residence  he  shall  give  to  such  landlord,  proprietor,  lessee  or 
keeper  the  facts  regarding  himself  as  are  required  to  be  incorpo- 
rated in  the  sworn  report  herein  provided  for.  Any  such  land- 
lord, proprietor,  lessee  or  keeper  or  any  lodger  who  shall  violate* 
this  provision  shall  be  deemed  guilty  of  a  misdemeanor.  If  any 
person,  other  than  the  keeper  or  members  of  his  family,  shall 
claim  a  voting  residence  in  a  building  or  part  of  the  building 
used  as  an  hotel,  within  three  months  of  a  general  election,  in 
which  building  or  part  of  the  building  the  business  of  trafficking 
in  liquors  is  conducted  under  a  liquor  tax  certificate  issued  under 
subrlivision  one  of  section  eleven  of  the  liquor  tax  law,  the  holder 
of  such  certificate  shall  furnish  to  the  state  superintendent  of 
elections,  whenever  the  superintendent  shall  require  him  so  to 
do,  an  affidavit  properly  acknowledged  and  signed  before  a  notary 
public,  in  which  the  holder  of  such  certificate  shall  state  whether 
he  and  such  building  have  conformed  to  and  at  the  time  of  mak- 
ing the  affidavit  do  conform  to  all  the  requirements  of  the  laws, 
ordinances,  rules  and  regulations  relating  to  hotels  and  hotel 
keepers,  including  all  laws,  ordinances,  rules  and  regulations  of 
the  state  or  locality  pertaining  to  the  building,  fire  and  health 
departments  in  relation  to  hotels  and  hotel  keepers  and  that 
such  building  is  or  was  within  three  months  of  the  said  election 
used  as  an  hotel.  If  for  any  reason  the  said  building  or  part  of 
the  building  used  as  an  hotel  shall  be  devoted  to  other  than  hotel 
purposes  within  three  months  of  said  election  the  holder  of  such 
liquor  tax  certificate  shall  state  in  such  affidavit  for  what  pur- 
pose such  building  or  part  thereof  formerly  used  for  hotel  pur- 
poses is  then  used,  and,  if  the  same  has  been  sublet  to  any  per- 


Metropolitan  Elections  District  Law.  255. 

son,  he  shall  so  state,  givinj^-  the  terms  of  said  lease,  and  the 
name  of  the  lessee.  Any  holder  of  a  liquor  tax  certificate  re- 
quired to  make  such  affidavit  by  the  said  superintendent  who 
shall  refuse,  fail  or  neglect  to  make  and  file  the  same  forthwith 
with  the  superintendent  is  guilty  of  a  misdemeanor.  Any  holder 
of  a  liquor  tax  certificate  who  shall  incorporate  any  false  state- 
ment in  any  sworn  report  or  affidavit  to  the  superintendent  of 
elections  is  guilty  of  perjury  and  in  addition  to  suffering  the 
penalty  prescribed  by  law  for  such  crime  shall  forfeit  his  liquor 
tax  certificate  and  shall  be  deprived  of  all  rights  and  privileges 
thereunder  and  of  any  right  to  a  rebate  of  any  portion  of  the 
tax  paid  thereon,  and  shall  be  debarred  from  trafficking  in 
liquors  for  a  period  of  five  years  from  the  date  of  his  conviction. 
Any  report  or  affidavit  herein  required  shall  be  acknowledged 
and  sworn  to  before  a  notary  public  or  commissioner  of  deeds, 
and  shall  be  filed  personally  by  such  landlord,  proprietor,  lessee 
or  keeper  or  by  registered  mail  with  the  said  superintendent  of 
elections  at  his  office.  Whenever  the  state  superintendent  of  elec- 
tions shall  require  it  shall  be  the  duty  of  the  chief  of  police  and 
the  respective  heads  of  the  departments  of  buildings,  fire  and 
health  to  forthwith  make  a  report  in  writing  to  the  said  super- 
intendent of  elections  of  every  building  or  part  of  a  building  in 
such  city  in  which  the  business  of  trafficking  in  liquors  is  con- 
ducted under  a  liquor  tax  certificate  issued  under  subdivision  one 
of  section  eleven  of  the  liquor  tax  law,  showing  the  location 
thereof  by  street  and  number,  election  district  and  assembly  dis- 
trict or  ward,  the  character  of  such  business,  as  declared  bv 
the  holder  of  the  certificate,  specifying  whether  it  be  an  hotel, 
restaurant,  saloon,  store,  shop,  booth  or  other  place  and  the  name 
of  the  holder  of  such  certificate,  and  if  the  place  be  an  hotel  the 
report  shall  state  whether  or  not  the  building  and  holder  of  the 
certificate  conforms  to  all  the  laws,  ordinances,  rules  and  regula- 
tions of  the  state  or  locality  including  the  laws,  ordinances,  rules 
and  regulations  of  the  building,  fire  and  health  departments  in 
relation  to  hotels  and  hotel  keepers.  (Tints  amended  by  chap, 
684,  L.  1900,  and  chap.  689,  L.  1905,  in  effect  June  2,  1905.) 

§  10.  Lists  of  enrollments  on  registration  days. —  In  any  city 
within  the  metropolitan  elections  district,  the  board  of  inspectors 
of  each  election  district  shall  on  each  day  of  registration  transfer 
to  cards,  to  be  provided  for  that  purpose  by  the  secretary  of  state, 
which  cards  shall  be  in  form  and  style  approved  by  the  state 
superintendent  of  elections,  a  complete  copy  of  the  name  of  each 
person  registered  or  enrolled  in  their  respective  districts,  together 
with  all  of  the  answers  made  and  information  given  by  the  per- 
son registered,  at  the  time  of  registration,  and  which  said  cards, 
enclosed  and  sealed  in  a  cover  to  be  provided  for  that  purpose 
by  the  secretary  of  state,  shall  be  delivered  forthwith  by  the  chair- 


256  Metropolitan  Elections  District  Law. 

man  of  the  board  of  inspectors  together  with  a  statement  on  a 
blank  form,  to  be  funiished  by  the  secretar)'  of  state  after  ap- 
proval by  the  state  superintendent  of  elections,  that  the  cards 
delivered  contain  a  correct  copy  of  all  the  names  registered  and 
infonr.ation  given  by  the  persons  so  registered,  to  the  police,  who 
shall  forthwith  deliver  the  same  to  the  state  superintendent  of 
elections  at  his  office.  (Thus  amended  by  chap.  499,  L.  1899,  and 
chap.  680.  L.  1905.  /;/  effect  June  2,  1905.) 

§  II.  Removal  of  deputies. —  The  state  superintendent  of  elec- 
tions may  remove  at  any  time  for  cause  a  deputy  appointed  by  him 
and  shall  employ  in  his  place  a  member  of  the  same  political  party, 
which  appointment  shall  be  made  in  the  same  manner  as  the  orig- 
inal apjwintment.  This  section  shall  not  apply  to  the  chief  deputy 
superintendent,  nor  to  the  deputies  authorized  in  section  five  of 
this  act.     (Thus  amended  by  chap.  689,  L.  1905,  in  effect  June  2, 

1905-) 

§  12.  Salaries  and  expenses. —  The  annual  salary  of  the  state 
superintendent  of  elections  shall  be  five  thousand  dollars ;  of  his 
chief  deputy,  four  thousand  five  hundred  dollars  ;  of  the  clerk, 
eighteen  hundred  dollars ;  of  the  secretary,  two  thousand  dollars ; 
of  the  stenographer,  fifteen  hundred  dollars ;  of  not  more  than 
fifty  of  the  deputies  appointed  under  section  five  of  this  act, 
twelve  hundred  dollars  each ;  of  not  more  than  fifty  of  the  depu- 
ties appointed  under  section  five  of  this  act,  nine  hundred  dollars 
each ;  payable  monthly.  All  other  deputies  shall  receive  five  dol- 
lars for  each  day's  service,  not  exceeding  forty  days  for  any  one 
election,  to  be  paid  on  the  certificate  of  the  superintendent  or 
chief  deputy,  providing,  however,  that  the  superintendent  may 
continue  the  services  of  such  deputies  not  longer  than  December 
thirty-first  of  such  year  if  he  shall  in  his  judgment  deem  it  neces- 
sary so  to  do  in  order  to  prosecute  any  criminal  actions  in  which 
said  deputies  shall  be  the  complaining  witnesses  or  if  their  ser- 
vices be.  in  his  judgment,  necessary  to  the  proper  completion  of 
the  work  of  the  department.  All  salaries  and  other  compensation 
provided  by  this  section  shall  be  paid  by  the  state  treasurer  on 
the  warrant  of  the  comptroller.  The  state  superintendent  may 
provide  an  office  for  his  use  and  furnish  it  with  needed  furniture, 
stationery  and  supplies,  and  expend  for  such  purpose  and  for  his 
disbursements  and  expenses  in  discharging  his  duty  and  in  carry- 
ing out  the  provisions  of  this  act,  not  exceeding  fifteen  thousand 
dollars  each  year,  to  be  paid  by  the  state  treasurer  on  the  audit 
and  warrant  of  the  comptroller.  (Thus  amended  by  chap.  499, 
L.  1899,  and  chap.  680.  L.  1905,  in  effect  June  2,  1905.) 

§  13.  Report  to  governor;  rules. —  The  state  superintendent  of 
elections  shall  annually  in  the  month  of  December  file  with  the 
governor  a  report  showing  the  names  and  residences  of  the  per- 


Metropolitan  Elections  District  Law.  257 

sons  appointed  by  him  as  deputies  during  the  year,  the  number 
of  days  each  has  served,  the  compensation  certified  for  each,  the 
number  of  arrests  made  for  violation  of  the  election  law  or  the 
penal  code,  the  names  of  the  persons  arrested,  the  nature  of  the 
offense  charged,  the  disposition  thereof,  and  any  other  facts  in 
relation  to  the  administration  of  his  office  which  the  state  superin- 
tendent may  deem  proper  or  which  may  be  required  by  the  gov- 
ernor. He  shall  make  such  rules  for  the  control  and  conduct  of 
his  deputies  as  he  may  deem  advisable  not  in  conflict  with  law. 

§  14.  Laws  repealed. —  All  acts  and  parts  of  acts,  general,  local 
or  special,  inconsistent  with  the  provisions  of  this  act,  are  hereby 
repealed.  (Thus  amended  by  chap.  68g,  L.  1905,  in  effect  June 
2,  1905.) 

Commissioner  of  Elections  in  Erie  County. 

Chap.  394,  L.  1904.  An  act  to  create  and  establish  the  office  of 
commissioner  of  elections  in  the  connty  of  Erie  and  prescribing 
his  duties. 

Section  i.  The  office  of  commissioner  of  elections  in  the 
county  of  Erie  is  hereby  created,  and  all  of  the  rights,  powers,  au- 
thority, duties  and  obligations  immediately  heretofore  by  law 
vested  in  and  imposed  upon  any  officer  or  officers  of  the  county 
of  Erie  or  of  any  political  subdivision  thereof  or  therein,  except- 
ing the  appointment,  duties  and  obligations  of  inspectors  of  elec- 
tion, poll  clerks  and  ballot  clerks,  who  shall  continue  to  be  ap- 
pointed and  serve  as  provided  by  law,  with  respect  to  general, 
special  and  primary  elections  in  the  county  of  Erie  or  in  any 
political  subdivision  thereof  or  therein,  except  elections  held  at  a 
time  other  than  the  time  of  the  general  election  of  village  and 
school  district  officers  and  special  elections  for  town,  village 
and  school  district  purposes  held  at  such  other  time  and  elections 
for  city  and  ward  offices  in  cities  of  the  third  class  held  at  such 
other  time,  shall  forthwith  by  force  of  and  as  an  effect  of  this 
act  be  transferred  to  and  be  continued  in  the  commissioner  of 
elections  in  the  county  of  Erie,  hereby  created. 

§  2.  Within  ten  days  after  this  act  shall  take  effect,  the  county 
judge  of  the  county  of  Erie  shall  appoint  a  commissioner  of  elec- 
tions who  must  be  a  resident  elector  of  Erie  county  and  who  shall 
take  office  on  the  first  day  of  May,  nineteen  hundred  and  four, 
and  the  said  county  judge  shall  file  in  the  office  of  the  clerk  of 
Erie  county,  a  certificate  of  such  appointment  under  his  hand  and 
seal.  Said  commissioner  of  elections  shall  take  the  constitutional 
oath  of  office  and  file  the  same  in  the  county  clerk's  office,  and 
shall  hold  office  for  the  term  of  six  years,  his  successors  to  be 


2S7a         Duties  of  Commissioner  in  Erie  County. 

appointed  in  like  manner,  except  to  fill  vacancy.  In  case  of  a 
vacancy  in  the  office  of  commissioner  of  elections,  the  said  county 
judge  shall  appoint  a  resident  elector  of  the  county  of  Erie  to  fill 
such  vacancy,  and  shall  file  a  certificate  of  such  appointment  in 
the  county  clerk's  office  under  his  hand  and  seal.  The  person  so 
appointed  shall  take  the  constitutional  oath  of  office  and  serve 
the  remainder  of  the  term.  All  commissioners  of  elections  ap- 
pointed pursuant  to  this  act,  shall  be  subject  to  removal  by  the 
governor  in  like  manner  as  sheriffs  of  counties. 

§  3.  The  said  commissioner  of  elections  shall  communicate  to 
the  trustees  of  the  city  and  county  hall,  in  the  county  of  Erie, 
within  ten  davs  after  his  appointment,  the  requirements  of  his 
office,  and  it  shall  be  the  duty  of  the  said  trustees  of  the  city  and 
county  hall  to  provide  an  office  for  the  said  commissioner  of 
elections,  suitable  for  the  preservation  of  the  records  of  said  office, 
and  for  the  doing  of  the  work  devolved  upon  said  commissioner 
of  elections  under  and  by  reason  of  this  act.  and  the  necessary 
furniture  therefor,  and  the  expense  of  providing  and  furnishing 
such  office  shall  be  a  county  charge  of  the  county  of  Erie,  and 
be  audited  and  paid  as  other  county  expenses  are  paid. 

§  4.  All  books,  documents,  papers,  records  and  election  appli- 
ances or  appurtenances  held  or  used  by  or  under  the  control  of 
any  officer  or  officers  of  the  county  of  Erie  or  of  any  political 
subdivision  thereof  or  therein,  and  relating  to  or  used  in  the  con- 
duct of  general,  special  or  primary  elections,  shall,  upon  request 
of  the  commissioner  of  elections,  be  transferred  to  the  care,  cus- 
tody and  control  of  such  commissioner. 

§  5.  The  commissioner  of  elections  is  hereby  authorized  and 
empowered  to  appoint  a  deputy  commissioner  of  elections  who 
shall  not  be  a  member  of  the  same  political  party  as  himself  or 
of  the  same  political  opinion  upon  state  and  national  questions, 
who  shall  perform  such  duties  as  the  said  commissioner  of  elec- 
tions shall  prescribe,  and  also  a  secretary  to  the  commissioner, 
who  shall  each  hold  office  at  the  pleasure  of  the  said  commis- 
sioner, and  such  employees  as  the  board  of  supervisors  of  Erie 
county  shall  by  resolution  from  time  to  time  authorize,  and  such 
employees  shall  receive  such  salaries  and  compensation  as  the 
said  board  of  supervisors  shall  by  resolution  fix  and  determine. 
Each  of  such  employees  shall  perform  such  duties  as  the  com- 
missioner of  elections  shall  prescribe  and  shall  each  hold  office 
at  the  pleasure  of  the  said  commissioner.  The  salary  of  the  com- 
missioner of  elections  shall  be  three  thousand  dollars  per  annum, 
and  of  the  deputy  commissioner  of  elections  two  thousand  dollars 
per  annum.  The  salary  of  the  secretary  to  the  commissioner  shall 
be  fixed  by  the  board  of  supervisors  of  Erie  county  not  to  exceed 
one  thousand  five  hundred  dollars  per  annum.  Such  salaries  shall 
be  paid  in  the  same  manner  as  the  salaries  of  officers  of  the  county 
of  Erie  are  paid. 


Duties  of  Commissioner  in  Erie  County.  257b 

§  6.  All  notices  which  are  now  or  which  hereafter  may  be  re- 
quired by  law  to  be  given  by  the  secretary  of  state  to  any  officer 
of  the  county  of  Erie  or  of  any  political  subdivision  thereof  or 
therein,  relating  to  the  holding  of  any  election,  and  stating  the 
officers  to  be  elected  thereat  or  the  questions  to  be  voted  upon  by 
the  people  thereat,  shall,  after  this  act  shall  take  effect,  be  com- 
municated by  the  secretary  of  state  to  the  commissioner  of  elec- 
tions of  the  county  of  Erie. 

§  7.  All  certificates  of  nomination  for  offices  to  be  voted  for  by 
the  electors  of  the  county  of  Erie  or  any  political  subdivision 
thereof  or  therein,  at  any  election  to  which  this  act  applies,  all 
declinations  of  nominations  for  office,  all  certificates  of  nomina- 
tion to  fill  vacancies  caused  by  such  declinations  or  by  death,  all 
statements  of  candidates'  expenses  of  election  and  all  rules  and 
regulations  of  political  parties  required  by  law  to  be  filed  with 
any  officer  of  the  county  of  Erie  or  any  political  subdivision 
thereof  or  therein,  shall,  after  this  act  shall  take  effect,  be  filed 
in  the  office  of  the  commissioner  of  elections,  hereby  established, 
and  the  commissioner  of  elections  is  hereby  designated  as  the 
custodian  of  primary  records  for  the  county  of  Erie  or  such 
political  subdivisions  thereof  to  wdiich  the  primary  election  law 
now  applies  or  may  hereafter  be  applied,  and  the  said  commis- 
sioner of  elections  shall  also  be  the  secretary  of  the  county  board 
of  canvassers.  (Thus  amended  by  chap.  229,  L.  1905,  in  effect 
April  19,  1905.) 

§  8.  All  supplies  or  election  appliances  to  be  used  or  furnished 
by  the  commissioner  of  elections  for  election  purposes  shall  be 
purchased  by  such  commissioner  who  is  also  hereby  authorized 
to  cause  all  necessary  repairs  and  alterations  to  be  made  in  the 
same.  All  expenses  for  supplies,  advertising,  posting  and  cir- 
culation of  election  notices  and  printing  lists  of  registered  voters, 
and  other  expenses  arising  from  the  conduct  of  elections  in  the 
county  of  Erie,  or  in  any  political  subdivision  thereof  or  therein 
to  which  this  act  applies,  incurred  by  or  under  the  direction  of  the 
commissioner  of  elections,  except  the  compensation  of  inspectors 
of  election,  poll  clerks  and  ballot  clerks,  shall  hereafter  be  a 
charge  against  the  county  of  Erie  or  the  political  subdivision 
thereof  or  therein,  as  specified  in  the  election  laws  of  the  state  of 
New  York,  and  shall  be  certified  by  the  commissioner  of  elections 
and  be  audited  and  paid  as  are  other  claims  against  the  said 
county.  (Thus  amended  by  chap.  229,  L.  190^.  in  effect  April 
19,  1905.) 

§  9.  The  commissioner  of  elections  shall,  on  or  before  the  fif- 
teenth day  of  December  in  each  year,  certify  to  the  clerk  of  the 
board  of  supervisors  of  Erie  county  the  total  amount  of  the  ex- 
penses of  his  said  office,  including  salaries,  for  the  preceding  year, 
and  shall  certify  to  said  clerk  the  portion  of  said  expenses  which, 
under  the  provisions  of  law,  are  to  be  borne  by  the  county  of 


257c  Duties  of  Commissioner  in  Erie  County. 

Erie  and  the  portion  thereof  which,  under  the  provisions  of  law, 
are  to  be  borne  by  the  city  of  Buffalo,  or  the  city  of  Tonawanda, 
and  the  several  towns  in  the  county  of  Erie,  and  the  said  clerk 
of  the  board  of  supervisors,  in  spreading  taxes  levied  upon  the 
taxable  property  in  the  city  of  Buffalo  and  the  city  of  Tonawanda, 
shall  include  in  the  amount  spread,  the  amounts  certified  by  said 
commissioner  to  be  borne  by  the  city  of  Buffalo  and  the  city  of 
Tonawanda.  respectively,  and  in  the  amount  spread  upon  the 
taxable  property  in  the  several  towns  or  other  political  subdivi- 
sions, the  amount  so  certified  by  said  commissioner  to  be  borne 
by  the  said  towns  or  political  subdivisions,  respectively.  (Thus 
amended  by  chap.  22g.  L.  1905,  /;;  effect  April  19,  1905.) 

^  10.  The  several  boards  of  inspectors  of  election  in  the  covmty 
of  Erie  shall,  upon  the  completion  of  the  canvass  of  any  general 
or  special  election,  to  which  this  act  applies,  make  and  sign  an 
original  statement  thereof  and  two  certified  copies  of  the  same, 
in  the  manner  and  in  accordance  with  the  provisions  of  sections 
one  hundred  and  eleven  and  one  hundred  and  twelve  of  the  elec- 
tion law.  One  of  such  certified  copies  and  one  tally  sheet  shall 
be  filed  forthwith  by  one  inspector  deputed  for  that  purpose, 
with  the  clerk  of  the  town  or  the  clerk  of  the  city  of  Buffalo  or 
the  clerk  of  the  city  of  Tonawanda,  as  the  case  may  be,  and  one 
certified  copy  thereof  filed  with  the  clerk  of  the  county  of  Erie. 
The  original  statement  of  the  result  of  the  canvass,  together  with 
one  tally  sheet,  void  and  protested  ballots,  and  any  and  all  other 
packages  and  documents  required  by  law  to  be  filed  by  a  board 
of  election  inspectors,  except  the  certified  copies  of  statement  of 
canvass,  poll  lists  and  one  tally  sheet,  shall,  within  twenty-four 
hours  after  the  completion  of  such  canvass,  be  filed  by  the  chair- 
man of  each  board  of  inspectors  with  the  commissioner  of  elec- 
tions. The  poll  books  for  the  several  election  districts  of  the  city 
of  Buffalo  shall  be  filed  by  the  board  of  election  inspectors  or  the 
chairman  thereof,  with  the  commissioner  of  elections.  The  poll 
books  for  the  several  election  districts  in  the  city  of  Tonawanda 
shall  be  filed  with  the  city  clerk  of  Tonawanda,  and  those  of  the 
several  towns  of  Erie  county  with  the  town  clerks,  respectively. 
The  commissioner  of  elections  shall,  within  ten  days  after  any 
general  or  special  election,  cause  tabulated  statements  of  the  re- 
sult of  such  election  to  be  made  and  certified,  one  of  which  shall 
be  filed  with  the  commissioner  of  elections,  one  with  the  clerk  of 
the  county  of  Erie  and  one  each  with  the  clerk  of  the  city  of 
Buffalo  and  the  clerk  of  the  city  of  Tonawanda,  so  far  as  they 
shall  relate  to  the  election  of  city  or  ward  officers  voted  for  or 
proposition  submitted  and  voted  upon  at  such  election  in  each 
city,  respectively.  The  commissioner  of  elections  shall  retain  in 
his  possession  all  registers  of  electors,  enrollment  books  and  poll 
books  filed  in  his  office,  for  two  years  subsequent  to  the  election 
at  which  they  are  used,  at  the  expiration  of  which  period  he  is 


DuTiKS  OF  Commissioner  in  Erie  County.  257d 

authorized  to  sell  or  destroy  all  such  books  excepting  one  enroll- 
ment book  and  one  poll  book  for  each  election  district  for  each 
year.     (Thus  amended  by  chap.  22C),  L.  1905,  in  effect  April  19, 

1905-) 

§  II.  All  acts  or  parts  of  acts  requiring  the  publication,  ad- 
vertising or  posting  of  election  notices  required  by  law  relating  to 
primary,  general,  special  or  other  elections  to  which  this  act  ap- 
plies, by  any  officer  or  officers  of  the  county  of  Erie  or  any  politi- 
cal subdivision  thereof  or  therein,  are  hereby  repealed,  and  all 
such  notices  of  such  elections  as  are  required  by  law  to  be  pub- 
lished, advertised  or  posted  in  the  county  of  Erie  or  any  political 
subdivision  thereof  or  therein,  shall  be  published,  advertised  or 
posted  by  the  commissioner  of  elections  hereby  created. 

§  12.  Nothing  in  this  act  shall  be  construed  to  afifect  or  limit 
the  powers  of  the  board  of  supervisors  of  Erie  county  or  the 
board  of  aldermen  of  the  city  of  Buffalo,  or  the  board  of  alder- 
men of  the  city  of  Tonawanda,  as  boards  of  canvassers  for  the 
county  of  Erie  and  the  city  of  Buffalo  and  the  city  of  Tonawanda, 
respectively,  nor  the  designation  of  polling  places  by  town  boards, 
nor  the  distribution  of  election  supplies  or  posting  of  election 
notices  by  the  town  clerks  of  the  several  towns  in  the  county  of 
Erie,  as  specified  in  the  election  laws,  nor  shall  this  act  apply  to 
the  election  of  village  and  school  district  officers  held  at  a  time 
other  than  the  time  of  a  general  election  and  special  elections  for 
town,  village  or  school  district  purposes  held  at  such  other  time, 
and  elections  for  city  or  ward  officers,  or  to  vote  upon  propositions 
submitted,  in  cities  of  the  third  class  held  at  such  other  time. 
(Thus  amended  by  chap.  229,  L.  1905,  in  effect  April  19,  1905.) 

§  13.  All  acts  or  parts  of  acts  inconsistent  with  this  act,  so  far 
as  they  may  apply  to  the  county  of  Erie  or  to  any  political  sub- 
division thereof  or  therein,  are  hereby  repealed. 

§  14.  This  act  shall  take  effect  immediately. 


The  Penal  Code. 


TITLE  V. 

Relating  to  Crimes  against  the  Elective  Franchise. 

§  41.  Misdemeanors  at,  or  in  connection  with,  political  caucuses, 
primary  elections,  enrollment  in  political  parties,  committees  and 
conventions. —  Any  person  who : 

1.  At  a  political  caucus,  or  at  a  primary  election  of  a  party, 
willfully  votes,  or  attempts  to  vote,  without  being  entitled  to  do 
so,  or  votes,  or  attempts  to  vote,  on  any  other  name  than  his  own, 
or  more  than  once  on  his  own  name ;  or 

2.  \'otes.  or  offers  to  vote,  at  a  political  caucus,  or  primary 
election  of  a  party,  having  voted  at  the  political  caucus  or 
primary  election  of  any  other  political  party  on  the  same  day,  or 
being  at  the  time  enrolled  in  a  party  other  than  the  party  at  whose 
primary  he  votes  or  offers  to  vote ;  or,  who  causes  his  name  to  be 
placed  upon  the  rolls  of  a  party  organization  of  one  party  while 
his  name  is  by  his  consent  or  procurement  upon  the  rolls  of  a 
party  organization  of  another  party  ;  or,  (Thus  amended  by  chap. 
625,  L.  1905,  in  effect  May  26,  1905.) 

3.  At  a  political  caucus,  or  at  a  primary  election,  for  the  pur- 
pose of  affecting  the  result  thereof,  votes  or  attempts  to  vote  two 
or  more  ballots,  or  adds,  or  attempts  to  add,  any  ballot  to  those 
lawfully  cast,  by  fraudulently  introducing  the  same  into  the  ballot 
box  before  or  after  the  ballots  therein  have  been  counted,  or  who 
adds  to  or  mixes  with,  or  attempts  to  add  to  or  m.ix  with,  the 
ballots  lawfully  cast,  another  ballot  or  other  ballots  before  the 
votes  have  been  counted  or  canvassed,  or  while  the  votes  are 
being  counted  or  canvassed  ;  or  at  any  time  abstracts  any  ballots 
lawfully  cast,  with  intent  to  change  the  result  of  such  election  or 
to  change  the  count  thereat  in  favor  of  or  against  any  person 
voted  for  at  such  election,  or  to  prevent  the  ballots  being  re- 
counted or  used  as  evidence ;  or  carries  away,  destroys,  loses, 
conceals,  detains,  secretes,  or  mutilates,  or  attempts  to  carry 
away,  destroy,  conceal,  detain,  secrete,  or  mutilate,  any  tally  lists, 
ballots,  ballot  boxes,  enrollment  books,  certificates  of  return,  or 
any  ofiicial  documents  provided  for  by  the  primary  election  law 


The  Penal  Code.  259 

or  otherwise  by  law,  for  the  purpose  of  affecting  or  invaHdating- 
tlie  result  of  such  election,  or  of  destroying  evidence ;  or  in  any 
manner  interferes  with  the  officers  holding  any  primary  election 
or  conducting  the  canvass  of  the  votes  cast  thereat,  or  with  voters 
lawfully  exercising,  or  seeking  to  exercise,  their  right  of  voting 
at  such  primary  election  ;  or 

4.  For  the  purpose  of  securing  enrollment  as  a  member  of  a 
political  party,  or  for  the  purpose  of  being  allowed  to  vote  at  a 
primary  election  as  a  member  of  a  political  party,  makes  and 
deposits  or  files,  or  makes  or  deposits  or  files  with  a  board  of 
primary  inspectors,  or  with  any  public  officer  or  board,  a  false 
declaration  of  party  affiliation  or  willfully  makes  a  false  declara- 
tion of  residence,  either  by  an  enrollment  blank  or  otherwise,  or 
falsely  answers  any  pertinent  question  asked  him  by  the  board  of 
primary  inspectors,  or  the  board  of  election  inspectors,  or  by  a 
member  thereof;  or  knowingly,  on  any  day  of  registration  or  in 
the  interval  between  any  such  day  and  the  next  ensuing  day  of 
general  election,  reveals  or  discloses  the  names  or  number  of  the 
enrolled  electors  of  any  party,  or  makes,  publishes,  or  circulates 
a  list  of  such  names,  or  of  any  thereof,  or  does  or  permits  any 
act  by  which  the  name  of  the  party  with  which  an  elector  has 
enrolled,  or  the  number  of  electors  enrolled  with  a  party,  may  be 
disclosed ;  or 

5.  Fraudulently  or  wrongfully  does  any  act  tending  to  affect  the 
result  of  any  election  at  a  political  caucus  or  of  any  primary 
election  or  convention  ;  or 

6.  Induces  or  attempts  to  induce  any  officer,  teller,  canvasser, 
poll  clerk,  primary  election  inspector,  election  inspector,  custodian 
of  primary  records,  or  clerk  or  employee  of  or  in  the  office  of  a 
custodian  of  primary  records  at  a  political  caucus,  or  primary 
election,  or  convention,  or  while  discharging  any  duty  or  perform- 
ing any  act  required  or  made  necessary  by  the  primary  election 
law,  to  do  any  act  in  violation  of  his  duty,  or  in  violation  of  the 
primary  election  law;  or  (Thus  amended  by  chap.  625,  L.  1905, 
in  effect  May  26,  1905.) 

7.  Directly  or  indirectly,  by  himself  or  through  any  other  per- 
son, pays,  or  offers  to  pay,  money  or  other  valuable  thing,  or  prom- 
ises a  place  or  position,  or  offers  any  other  consideration,  or  makes 
any  other  promise,  to  any  person,  to  induce  any  voter  or  voters  to 
vote,  or  refrain  from  voting,  at  a  political  caucus,  primary  election, 
or  convention  for  or  against  any  particular  person  or  persons ;  or 


26o  The  Penal  Code. 

does  or  offers  to  do,  anything  to  hinder  or  delay  any  elector  from 
taking  part  in,  or  voting  at,  a  political  caucus,  or  at  a  primary 
election;  or 

8.  By  menace  or  other  unlawful  or  corrupt  means,  directly  or  in- 
directly, influences  or  attempts  to  influence,  the  vote  of  any  person 
entitled  to  vote  at  a  political  caucus,  primary  election,  or  conven- 
tion, or  obstructs  such  person  in  voting  or  prevents  him  from  vot- 
ing thereat;  or 

9.  Directly  err  indirectly,  by  himself  or  through  any  other  per- 
son, receives  money  or  other  valuable  thing,  or  a  promise  of  a 
place  or  position,  before,  at,  or  after  any  political  caucus,  primary 
election,  or  convention,  for  voting  or  refraining  from  voting  for 
or  against  any  person,  or  for  voting  or  refaining  from  voting  at 
a  political  caucus,  primary  election,  or  convention;  or 

10.  Being  an  officer,  teller^  canvasser,  primary  inspector,  at  a 
political  caucus,  or  at  a  primary  election,  knowingly  permits  any 
fraudulent  vote  to  be  cast,  or  knowingly  receives  and  deposits  in 
the  ballot  box  any  ballots  offered  by  any  person  not  qualified  to 
vote;  or  permits  the  removal  of  ballots  from  the  polling  place  be- 
fore the  close  of  the  polls,  or  refuses  to  receive  ballots  intended 
for  the  electors  of  the  district,  or  refuses  to  deliver  to  any  elector 
ballots  intended  for  the  electors  of  the  district  which  have  been 
delivered  to  the  board  of  inspectors,  or  permits  electioneering 
within  the  polling  place  or  within  one  hundred  feet  therefrom,  or 
fails  to  keep  order  within  the  polling  place,  or  permits  any  person 
other  than  the  inspectors  to  accompany  an  elector  into  a  voting 
booth,  or  enters  the  voting  booth  with  any  elector,  except  one  en- 
titled to  receive  assistance  in  the  preparation  of  his  ballot,  or  per- 
mits any  person  other  than  a  voter,  who  has  not  voted,  or  watcher 
to  come  within  the  guard  rail  or  removes  or  permits  another  to 
remove  any  mark  placed  upon  a  ballot  for  its  identification,  or 
(Thus  amended  by  chap.  371,  L.  1901.) 

11.  Being  an  officer,  custodian  of  primary  records,  clerk  or  em- 
ploye of  or  in  the  office  of  a  custodian  of  primary  records,  elec- 
tion inspector,  primary  inspector,  or  poll  clerk,  knowingly  puts 
opposite  the  name  of  an  elector  in  an  enrollment  book  any  enroll- 
ment number  other  than  the  number  opposite  such  name  on  the 
registration  books  of  such  district,  or  knowingly  delivers  to  or  re- 
ceives from  any  elector  on  any  day  of  registration  an  enrollment 
blank  or  envelope  on  which  is  any  other  enrollment  number  than 
that  so  opposite  his  name  on  such  books  of  registration,  or  know- 
ingly transcribes  from  an  enrollment  blank  to  the  enrollment 
books  any  refusal  to  enroll  or  enrollment  not  indicated  on  the  en- 
rollment blank  of  the  elector  of  such  district  whose  enrollment  num- 
ber appears  on  the  same,  or  refuses  or  willfully  neglects  to  tran- 
scribe from  any  enrollment  blank  to  the  proper  enrollment  books 


Thk  Penal  Code.  261 

any  refusal  to  enroll  or  enrollment  indicated  on  the  enrollment 
blank  of  such  an  elector,  enrolls  or  attempts  to  enroll  as  a  member 
of  a  political  party,  upon  any  of  the  enrollment  books,  any  person 
not  (jualified  to  enroll  as  such,  or  fraudulently  enters  thereupon 
the  name  of  any  person  who  has  not  enrolled  as  a  member  of  any 
political  party,  or  refuses  or  willfully  neglects  to  enroll  upon  any 
of  the  enrollment  books  the  name  of  any  ciualified  person  who 
has  demanded  to  be  enrolled  as  a  member  of  a  political  party,  or  at 
any  time  strikes  from  any  of  the  enrollment  books  the  name  of  any 
person  duly  enrolled,  or  at  any  time  adds  to  any  of  the  enrollment 
books  the  name  of  any  person  not  qualified  to  be  enrolled  as  a 
member  of  a  political  party,  or  the  name  of  any  person  who  in  fact 
has  not  enrolled  as  such;  or  makes  marks  upon,  mutilates,  carries 
away,  conceals,  alters,  or  destroys  any  enrollment  blank  or  enroll- 
ment envelope  used  or  deposited  by  an  elector  on  a  day  of  registra- 
tion for  the  purpose  of  enrolling  or  refusing  to  enroll  himself  as  a 
mem,ber  of  a  political  party;  or  mutilates,  carries  away,  conceals, 
alters,  or  destroys  any  statement  or  declaration  made  by  a  quali- 
fied voter  for  the  purpose  of  enrolling  as  a  member  of  a  party;  or, 
prior  to  the  close  of  the  last  meeting  for  registration  in  any  year, 
mutilates,  carries  away,  conceals,  alters,  or  destroys  any  enroll- 
ment blanks  or  enrollment  envelopes  not  then  delivered  to  elec- 
tors; or 

12.  Being  an  of^cer,  teller,  canvasser,  election  inspector,  prim- 
ary inspector,  custodian  of  primary  records,  clerk  or  employee  of 
or  in  the  office  of  a  custodian  of  primary  records,  or  any  officer  of 
a  political  committee  or  a  convention,  willfully  omits,  refuses  or 
neglects  to  do  any  act  required  by  the  primary  election  law  or 
otherwise  by  law,  or  violates  any  of  the  provisions  of  the  primary 
election  law,  or  makes  or  attempts  to  make  any  false  canvass  of 
the  ballots  cast  at  a  political  caucus,  primary  election,  or  conven- 
tion, or  a  false  statement  of  the  result  of  a  canvass  of  the  ballots 
cast  thereat ;  or 

13.  Being  a  custodian  o.  primary  records,  or  an  officer  of  a 
political  committee,  or  of  a  convention,  who  is  charged  with,  or 
assumes,  the  duty  of  making  up  the  preliminary  roll  of  any  con- 
vention, willfully  includes  in  such  roll  the  name  of  any  person  not 
certified  to  be  elected  thereto  in  accordance  with  the  provisions  of 
law,  or  who  willfullv  omits  from  such  roll  the  name  of  any  person 
who  is  so  certified  to  be  a  delegate  to  such  convention; 

Is  guiltv  of  a  misdemeanor.  (Thus  amended  by  chap.  530,  Larvs 
1899.) 

§  41-a.  False  registration. —  Any  person  who: 

I.  Causes  or  attempts  to  cause  his  name  to  be  placed  upon  any 
list  or  register  of  voters  in  more  than  one  election  district  for  the 
same  election,  or  more  than  once  in  the  same  election  district,  or 


262  The  Penal  Code. 

2.  Who  causes  or  attempts  to  cause  his  name  to  be  placed  upon 
a  hst  or  register  of  voters  knowing  that  he,  will  not  be  a  qualified 
voter  in  the  district  at  the  election  for  which  such  list  or  register 
is  made,  or 

3.  Who  registers  or  attempts  to  register  as  an  elector  under  any 
other  name  than  his  own,  or 

4.  Who  knowingly  gives  a  false  residence  within  the  election 
district  when  registering  as  an  elector,  or 

5.  Who  knowingly  permits,  aids,  assists,  abets,  procures,  com- 
mands or  advises  another  to  commit  any  such  act  is  guilty  of  a 
felony,  punishable  by  ( i )  imprisonment  in  a  state  prison  for  not 
more  than  five  years.  (Thus  amended  by  chap.  625,  L.  1905,  in 
effect  May  26,  1905.) 

§  41-aa.  Misconduct  of  registry  officers. —  Any  member  or  clerk 
of  a  registry  board  who  wilfully  violates  any  provision  of  the 
election  law  relative  to  the  registration  of  electors  or  wilfully 
neglects  or  refuses  to  perform  any  duty  imposed  on  him  by  law, 
or  is  guilty  of  any  fraud  in  the  execution  of  the  duties  of  his 
office,  is  guilty  of  a  felony,  punishable  by  imprisonment  for  not 
more  than  ten  years.  (Former  §  41-c,  renumhered  and  amended 
by  chap.  C)2j:,.  L.  1005,  in  effect  May  26,  1905.) 

§  41-b.  Mutilation,  destruction  or  loss  of  registry  list, —  Any 
person  who  wilfully  loses,  alters,  destroys  or  mutilates  the  list  or 
register  of  voters  in  any  election  district,  or  a  certified  copy 
thereof,  or  removes  from  the  place  of  registration  the  public 
copy  of  such  registration,  after  the  making  of  the  same  and  be- 
fore the  closing  of  the  polls  of  the  election  for  which  the  same  is 
made,  is  guilty  of  a  misdemeanor.  (Thus  amended  by  chap.  625, 
L.  1905,  in  effect  May  26,  1905.) 

§  41-c.  Any  person  who,  being  a  police  commissioner  or  an 
officer  or  member  of  any  police  force  in  this  state,  either 

1.  Uses  or  threatens  or  attempts  to  use  his  official  power  or 
authority,  in  any  manner,  directly  or  indirectly,  in  aid  of  or 
against  any  political  party,  organization,  association  or  society  or 
to  control,  affect,  influence,  reward  or  punish  the  political  adher- 
ence, affiliation,  action,  expression  or  opinion  of  any  citizen ;  or 

2.  Appoints,  promotes,  transfers,  retires  or  punishes  an  officer 
or  member  of  a  police  force,  or  asks  for  or  aids  in  the  promotion, 
transfer,  retirement  or  punishment  of  an  officer  or  member  of  a 
police  force,  because  of  the  party  adherence  or  affiliation  of  such 
officer  or  member,  or  for  or  on  the  request,  direct  or  indirect,  of 
any  political  party,  organization,  association  or  society,  or  of  any 
officer,  member  of  committee  or  representative  official  or  other- 
wise of  any  political  party,  organization,  association  or  society  ;  or 

3.  Contributes  any  money,  directly  or  indirectly,  to,  or  solicits, 
collects  or  receives  any  money  for,  any  political  fund,  or  joins  or 
becomes  a  member  of  any  political  club,  association,  society  or 
committee ; 


The  Penal  Code.  263 

Is  guilty  of  a  misdemeanor.  (Added  by  chap.  529,  L.  1899, 
and  rciutiiibcrcd  by  chap.  625,  L.  1905,  /;;  effect  May  26,  1905.) 

i^  41-bb.  Soliciting  for  support  of  newspaper. —  Any  person  who 
solicits  from  a  candidate  for  an  elective  office  money  or  other 
property  as  a  consideration  for  a  newspaper  or  other  publication 
supporting  any  candidate  for  an  elective  office,  is  guilty  of  a  mis- 
demeanor. (Added  by  chap.  70,  L.  1900.  To  take  effect  Sept.  i, 
1900.) 

§  41-d.  Failure  of  housedweller  to  answer  inquiries. —  Any  per- 
son dwelling  in  a  Ijuildiiig  in  a  city  wlu)  wilfully  refuses  to  truly 
answer  any  question  or  wlio  shall  give  false  answers  to  any  ques- 
tions asked  by  any  elector  of  such  city,  between  the  first  meeting 
of  the  boards  of  registry  therein  for  any  election  and  the  closing 
of  the  polls  at  such  election,  relating  to  the  residence  and  quali- 
fications as  a  voter  of  any  person  dwelling  in  such  building,  or  of 
any  person  who  appears  upon  the  list  or  registry  of  voters  made 
by  a  board  of  registry  as  residing  at  such  building,  or  who  know- 
ingly harbors  or  conceals  any  person  who  has  falsely  registered 
as  a  voter,  or  who  shall  rent  any  room  or  rooms,  bed  or  beds  to 
any  person  to  be  used  by  such  person  for  himself  or  any  other 
person  for  the  purpose  of  unlawfully  registering  or  voting  there- 
from is  guilty  of  a  misdemeanor.  (Thus  amended  by  chap.  371, 
L.  1901,  and  chap.  625,  L.  1905,  in  effect  May  26,  1905.) 

§  4ie.  Removal,  mutilation  or  destruction  of  election  booths, 
supplies,  poll-lists  or  cards  of  instruction. —  Any  person  who : 

1.  During  an  election  or  town  meeting,  willfully  defaces  or  in- 
jures a  voting  booth  or  compartment,  or  willfully  removes  or 
destroys  any  of  the  supplies  or  other  conveniences  placed  in  the 
voting  booths  or  compartments,  in  pursuance  of  law ;  or, 

2.  Before  the  closing  of  the  polls,  willfully  defaces  or  destroys 
any  list  of  candidates  to  be  voted  for  at  such  election  or  town 
meeting,  posted  in  accordance  with  the  election  law ;  or, 

3.  During  an  election  or  town  meeting,  willfully  removes  or  de- 
faces the  cards  for  the  instruction  of  voters,  posted  in  accordance 
with  the  election  law,  is  guilty  of  a  misdemeanor. 

§  41  f.  Refusal  to  permit  employees  to  attend  election. — A  per- 
son or  corporation  who  refuses  to  an  employee  entitled  to  vote  at 
an  election  or  town  meeting,  the  privilege  of  attending  thereat,  as 
provided  by  the  election  law  or  subjects  such  employee  to  a 
penalty  or  reduction  of  wages  because  of  the  exercise  of  such 
privilege,  is  guilty  of  a  misdemeanor. 

§  4ig.  Misconduct  in  relation  to  certificates  of  nomination  and 
official  ballots. —  A  person  who, 

1.  Falsely  makes  or  makes  oath  to,  or  fraudulently  defaces  or 
destroys,  a  certificate  of  nomination  or  any  part  thereof ;  or 

2.  Files  or  receives  for  filing  a  certificate  of  nomination  know- 
ing that  any  part  thereof  was  falsely  made ;  or 


264  The  Penal  Code. 

3.  Suppresses  a  certificate  of  nomination  which  has  been  duly 
filed,  or  any  part  thereof ;  or 

4.  Forges  or  falsely  makes  the  official  indorsement  of  any  bal- 
lot ;  or 

5.  Having  charge  of  ofificial  ballots,  destroys,  conceals  or  sup- 
presses them,  except  as  provided  by  law, 

Is  punishable  by  imprisonment  for  not  more  than  five  years. 
(Thus  amended  b\  chap.  625,  L.  1905,  in  effect  May  26,  1905.) 

§  4ih.  Failure  to  deliver  official  ballots. —  Any  person  who  has 
undertaken  to  deliver  official  ballots  to  any  city,  town  or  village 
clerk,  or  inspector,  as  authorized  by  the  election  law,  and  neglects 
or  refuses  to  do  so,  is  guilty  of  a  misdemeanor. 

§  4ii.  Misconduct  of  election  officers  and  watchers. —  Any  elec- 
tion officer  or  watcher  who  : 

1.  Reveals  to  another  person  the  name  of  any  candidate  for 
whom  a  voter  has  voted ;  or, 

2.  Communicates  to  another  person  his  opinion,  belief  or  im- 
pression as  to  how  or  for  whom  a  voter  has  voted ;  or, 

3.  Places  a  mark  upon  a  ballot,  or  does  any  other  act  by  which 
one  ballot  can  be  distinguished  from  another,  or  can  be  identi- 
fied ;  or 

4.  Before  the  closing  of  the  polls,  unfolds  a  ballot  which  a  voter 
has  prepared  for  voting,  is  guilty  of  a  misdemeanor.  (Thus 
amended  bx  chap.  625,  L.  1905,  in  effect  May  26.  1905.) 

§  41  j.  Violation  of  election  law  by  public  officer. —  A  public 
officer  who  omits,  refuses  or  neglects  to  perform  any  act  required 
of  him  by  the  election  law,  or  refuses  to  permit  the  doing  of  any 
act  authorized  thereby,  is,  if  not  otherwise  provided  by  law, 
punishable  by  imprisonment  for  not  more  than  three  years,  or  by 
a  fine  of  not  more  than  three  thousand  dollars,  or  both. 

§  41k.  Misdemeanors  in  relation  to  elections. — Any  person  who: 

1.  Acts  as  an  inspector  of  election,  poll  clerk  or  ballot  clerk, 
without  being  able  to  read,  and  write  the  English  language,  or 
without  being  otherwise  qualified  to  hold  such  office :  or, 

2.  Being  an  inspector  of  election,  knowingly  and  willfully  per- 
mits or  suffers  any  person  to  vote  who  is  not  entitled  to  vote 
thereat ;  or. 

3.  Willfully  and  unlawfully  obstructs,  hinders  or  delays,  or  aids 
or  assists  in  obstructing  or  delaying  any  elector  on  his  way  to  a 
registration  or  polling  place,  or  while  he  is  attempting  to  register 
or  vote ;  or, 

4.  Electioneers  on  election  day  within  a  polling  place,  or  in  any 
public  street  or  in  a  building  or  room,  unless  such  building  or 
room  has  been  maintained  for  such  purpose  for  at  least  six  rnonths 
previous  to  said  election  day.  or  in  any  public  manner  within  one 
hundred  feet  of  a  polling  place :  or  displays  any  political  poster  or 
placard,  except  those  lawfully  provided,  in  or  upon  any  building 
used  for  registration  or  election  purposes  during  any  day  for 


The  Penal  Code.  265 

registration  or  election;  or,     (Tims  amended  by  chap.  625,  L. 
1905,  in  effect  May  26,  1905.) 

5.  Removes  any  official  ballot  from  a  polling  place  before  the 
closing  of  the  polls ;  or 

6.  Unlawfully  goes  within  the  guard-rail  of  any  polling  place 
or  unlawfully  remains  within  such  guard-rail  after  having  been 
commanded  to  remove  therefrom  by  any  inspector  of  election  ;  or, 

7.  Enters  a  voting  booth  with  any  voter  or  remains  in  a  voting 
booth  while  it  is  occupied  by  any  voter,  or  opens  the  door  of  a 
voting  booth  when  the  same  is  occupied  by  a  voter,  with  the  in- 
tent to  watch  such  voter  while  engaged  in  the  preparation  of  his 
ballot,  except  as  authorized  by  the  election  law ;  or, 

8.  Being  or  claiming  to  be  a  voter,  permits  any  other  person  to 
be  in  a  voting  booth  with  him  while  engaged  in  the  preparation  of 
his  ballot,  except  as  authorized  by  the  election  law,  without  openly 
protesting  against  and  asking  that  such  person  be  ejected ;  or, 

9.  Having  lawfully  entered  a  voting  booth  with  a  voter,  re- 
quests, persuades  or  induces  such  voter  to  vote  any  particular  bal- 
lot or  for  any  particular  candidate,  or,  directly  or  indirectly,  re- 
veals to  another  the  name  of  any  candidate  voted  for  by  such 
voter,  or  anything  occurring  within  such  voting  booth ;  or, 

10.  Shows  his  ballot  after  it  is  prepared  for  voting,  to  any  per- 
son so  as  to  reveal  the  contents,  or  solicits  a  voter  to  show  the 
same ;  or, 

11.  Places  any  mark  upon  his  ballot,  or  does  any  other  act  in 
connection  with  his  ballot  with  the  intent  that  it  may  be  identified 
as  the  one  voted  by  him ;  or, 

12.  Places  any  mark  upon,  or  does  any  other  act  in  connection 
with  a  ballot  or  paster  ballot,  with  the  intent  that  it  may  after- 
ward be  identified  as  having  been  voted  by  any  particular  per- 
son ;  or, 

13,.  Receives  an  official  ballot  from  any  person  other  than  one 
of  the  ballot  clerks  having  charge  of  the  ballots  ;  or, 

14.  Not  being  a  ballot  clerk,  delivers  an  official  ballot  to  a  voter ; 
or, 

15.  Not  being  an  inspector  of  election,  receives  from  any  voter 
a  ballot  prepared  for  voting ;  or, 

16.  Fails  to  return  to  the  ballot  clerks,  before  leaving  the  poll- 
ing place  or  going  outside  the  guard-rail,  each  ballot  not  voted 
by  him ;  or, 

17.  Willfully  defaces,  injuries,  mutilates,  destroys  or  secretes 
any  voting  machine  which  belongs  to  any  municipality  for  use  at 
elections,  and  any  person  who  commits  or  attempts  to  commit  a 
fraud  in  the  use  of  any  such  voting  machine  during  an  election ; 
or, 

18.  Willfully  disobeys  any  lawful  command  of  the  board  of  in- 
spectors, or  any  member  thereof,   is  guilty  of  a  misdemeanor. 


266  The  Penal  Code. 

This  section  shall  apply  to  general  and  special  elections,  municipal 
elections  and  town  meetings,  but  nothing  therein  shall  prevent 
any  person  from  receiving  or  delivering  an  unofficial  sample  bal- 
lot, or  from  receiving,  delivering  and  voting  an  unofficial  ballot 
as  authorized  by  the  election  law.  (Thus  amended  by  chap.  265, 
Lazus  1895.) 

§  41I.  Elegal  voting. —  Any  person  who: 

1.  Knowingly  votes  or  offers  or  attempts  to  vote  at  any  elec- 
tion, or  town  meeting,  when  not  qualified ;  or, 

2.  Procures,  aids,  assists,  counsels  or  advises  any  person  to  go 
or  come  into  any  town,  ward  or  election  district,  for  the  purpose 
of  voting  at  any  election,  or  town  meeting,  knowing  that  such 
person  is  not  qualified ;  or 

3.  Votes  or  offers  or  attempts  to  vote  at  an  election,  or  town 
meeting  more  than  once ;  or  votes  or  offers  or  attempts  to  vote  at 
an  election,  or  town  meeting  under  any  other  name  than  his  own ; 
or  votes  or  offers  or  attempts  to  vote  at  an  election,  or  town  meet- 
ing in  an  election  district  or  from  a  place  where  he  does  not 
reside ;  or 

4.  Procures,  aids,  assists,  commands  or  advises  another  to  vote 
or  offer  or  attempts  to  vote  at  an  election,  or  town  meeting, 
knowing  that  such  person  is  not  qualified  to  vote  thereat ;  or 

5.  Being  an  inhabitant  of  another  state  or  county,  votes  or  offers 
or  attempts  to  vote  at  an  election,  or  town  meeting  in  this  state 
or  permits,  aids,  assists,  abets,  procures,  commands  or  advises 
another  to  commit  or  attempt  any  act  named  in  this  section  is 
guilty  of  felony,  punishable  by  imprisonment  in  a  state  prison 
not  more  than  five  years, 

6.  An  offer  or  attempt  under  this  section  shall  be  deemed  to  be 
the  doing  of  any  act  made  necessary  by  the  election  law  prelim- 
inary to  the  delivery  of  a  ballot  to  an  elector  or  the  deposit  of  the 
ballot  in  the  ballot  box.  (Thus  amended  by  chap.  371,  Laws 
1901,  and  chap.  625,  Lazus  1905,  in  effect  May  26,  1905.) 

§  41m.  False  returns. —  An  inspector  or  poll  clerk  of  an  election 
or  town  meeting,  who  intentionally  makes,  or  attempts  to  make, 
a  false  canvass  of  the  ballots  cast  thereat,  or  any  false  statement 
of  the  result  of  a  canvass,  though  not  signed  by  a  majority  of  the 


The  Penal  Code.  267 

inspectors,  or  any  person  who  induces  or  attempts  to  induce  any 
such  inspector  or  clerk  so  to  do,  is  guilty  of  a  felony.  (Section 
renumbered  by  chap.  371,  L.  1901.) 

§  4in.  Furnishing  money  or  entertainment  to  induce  attendan«e 
at  polls. — Any  person  who,  with  the  intent  to  promote  the  election 
of  a  person  to  an  elective  office: 

1.  Furnishes  entertainment  to  the  electors  before  or  during  an 
election  or  town  meeting  at  which  such  person  is  a  candidate;  or, 

2.  Pays  for,  procures  or  engages  to  pay  for  such  entertain- 
ment; or, 

3.  Furnishes  money  or  other  property,  or  engages  to  compen- 
sate any  person  for  procuring  the  attendance  of  voters  at  the 
polls  of  such  election  or  town  meeting;  or, 

4.  Contributes  money  for  any  other  purpose  than  the  printing 
and  circulating  of  hand  bills,  books  and  other  papers  previous  to 
an  election  or  town  meeting,  or  conveying  electors  to  the  polls, 
or  music,  or  rent  of  halls,  is  guilty  of  a  misdemeanor.  (Section 
renumbered  by  chap.  371,  L.  1901.) 

§  41  o.  Giving  consideration  for  franchise. — Any  person  who 
directly  or  indirectly,  by  himself  or  through  any  other  person: 

I.  Pays,  lends  or  contributes,  or  offers  or  promises  to  pay,  lend 
or  contribute  any  money  or  other  valuable  consideration  to  or  for 
any  voter,  or  to  or  for  any  other  person,  to  induce  such  voter  or 
other  person  to  vote  or  refrain  from  voting  at  any  election,  or  to 
induce  any  voter  or  other  person  to  vote  or  refrain  from  voting  at 
such  election  for  any  particular  person  or  persons,  or  for  or 
against  any  particular  proposition  submitted  to  voters,  or  to  in- 
duce such  voter  to  come  to  the  polls  or  remain  away  from  the 
polls  at  such  election,  or  to  induce  such  voter  or  other  person  to 
place  or  cause  to  be  placed  or  refrain  from  placing  or  causing  to 
be  placed  his  name  upon  a  registry  of  voters,  or  on  account  of 
such  voter  or  other  person  having  voted  or  refrained  from  voting 
or  having  voted  or  refrained  from  voting  for  or  agahist  any  par- 
ticular person  or  for  or  against  any  proposition  submitted  to  vot- 
ers, or  having  come  to  the  polls  or  remained  away  from  the  polls 
at  such  election,  or  having  placed  or  caused  to  be  placed  or  re- 
frained from  placing  or  causing  to  be  placed  his  or  any  other 
name  upon  the  registry  of  voters;  or 


268  The  Penal  Code. 

2.  Gives,  offers  or  promises  any  office,  place  or  employment,  or 
promises  to  procure  or  endeavor  to  procure  any  office,  place  or 
employment  to  or  for  any  voter,  or  to  or  for  any  other  person,  in 
order  to  induce  such  voter  or  other  person  to  vote  or  refrain 
from  voting  at  any  election,  or  to  induce  any  voter  or  other  person 
to  vote  or  refrain  from  voting  at  such  election,  for  or  against  any 
particular  person  or  persons,  or  for  or  against  any  proposition 
submitted  to  voters,  or  to  induce  any  voter  or  other  person  to 
place  or  cause  to  be  placed  or  refrain  from  placing  or  causing  to 
be  placed  his  or  any  other  name  upon  a  registry  of  voters ;  or 

3.  Gives,  oft"ers  or  promises  any  office,  place,  employment  or 
valuable  thing  as  an  inducement  for  any  voter  or  other  person  to 
procure  or  aid  in  procuring  either  a  large  or  a  small  vote,  plurality 
or  majority  at  any  election  district  or  other  political  division  of 
the  state,  for  a  candidate  or  candidates  to  be  voted  for  at  an  elec- 
tion ;  or  to  cause  a  larger  or  smaller  vote,  plurality  or  majority 
to  be  cast  or  given  for  any  candidate  or  candidates  in  one  such 
district  or  political  division  than  in  another ;  or 

4.  Makes  any  gift,  loan,  promise,  offer,  procurement  or  agree- 
ment as  aforesaid  to,  for  or  with  any  person  to  induce  such  person 
to  procure  or  endeavor  to  procure  the  election  of  any  person  or 
the  vote  of  any  voter  at  any  election ;  or 

5.  Procures  or  engages  or  promises  or  endeavors  to  procure,  in 
consequence  of  any  such  gift,  loan,  offer,  promise,  procurement 
or  agreement  the  election  of  any  person,  or  the  vote  of  any  voter, 
at  such  election ;  or 

6.  Advances  or  pays  or  causes  to  be  paid,  any  money  or  other 
valuable  thing,  to  or  for  the  use  of  any  other  person  with  the  in- 
tent that  the  same,  or  any  part  thereof,  shall  be  used  in  bribery 
at  any  election,  or  knowingly  pays  or  causes  to  be  paid  any  money 
or  other  valuable  thing  to  any  person  in  discharge  or  repayment 
of  any  money,  wholly  or  in  part  expended  in  bribery  at  any  elec- 
tion, is  guilty  of  (i)  a  felony,  punishable  by  imprisonment  for 
not  more  than  five  years,  and  in  addition  forfeits  any  office  to 
which  he  may  have  been  elected  at  the  election  with  reference  to 
which  such  offense  was  committed,  and  becomes  incapable  of 
holding  any  public  office  under  the  constitution  and  laws  of  the 
state  for  a  period  of  five  years  after  such  conviction.  (Thus 
amended  by  chap.  371,  L.  1901,  and  chap.  625,  L.  1905,  in  effect 
May  26,  ic)05.) 


The  Penal  Code.  269 

§  4ip.  Receiving  consideration  for  franchise. — Any  person  who, 
directly  or  indirectly,  by  himself  or  through  any  other  person: 

1.  Receives,  agrees  or  contracts  for,  before  or  during  an  elec- 
tion, any  money,  gift,  loan  or  other  valuable  consideration,  office, 
place  or  employment  for  himself  or  any  other  person,  for  voting  or 
agreeing  to  vote,  or  for  coming  or  agreeing  to  come  to  the  polls, 
or  for  remaining  away  or  agreeing  to  remain  away  from  the  polls, 
or  for  refraining  or  agreeing  to  refrain  from  registering  as  a  voter, 
or  for  refraining  or  agreeing  to  refrain  from  voting,  or  for  voting 
or  agreeing  to  vote,  or  for  refraining  or  agreeing  to  refrain  from 
voting  for  or  against  any  particular  person  or  persons  at  any  elec- 
tion, or  for  or  against  any  proposition  submitted  to  voters  at  such 
election ;  or, 

2.  Receives  any  money  or  other  valuable  thing  during  or  after 
an  election  on  account  of  himself  or  any  other  person  having 
voted  or  refrained  from  voting  at  such  an  election,  or  having  reg- 
istered or  refrained  from  registering  as  a  voter,  or  on  account  of 
himself  or  any  other  person  having  voted  or  refrained  from  voting 
for  or  against  any  particular  person  at  such  election,  or  for  or 
against  any  proposition  submitted  to  voters  at  such  election,  or 
on  account  of  himself  or  any  other  person  having  come  to  the 
polls  or  remained  away  from  the  polls  at  such  election,  or  having 
registered  or  refrained  from  registering  as  a  voter,  or  on  account 
'^f  having  induced  any  other  person  to  vote  or  refrain  from  voting 
ior  or  against  any  particular  person  or  persons  at  such  election, 
•)r  for  or  against  any  proposition  submitted  to  voters  at  such  elec- 
tion, is  guilty  of  (i)  a  felony,  and  in  addition  shall  be  excluded 
from  the  right  of  suffrage  for  five  years  after  such  conviction, 
and  the  county  clerk  of  the  county  in  which  such  person  is  con- 
victed shall  transmit  a  certified  copy  of  the  record  of  conviction 
to  the  clerk  of  each  county  of  the  state,  within  ten  days  thereafter, 
which  copy  shall  be  filed  in  his  oflfice  by  each  of  such  clerks. 
(Thus  amended  by  chap.  371,  L.  1901,  and  chap.  625.  L.  1905, 
in  effect  May  26,  1905.) 

§  4iq.  Testimony  upon  prosecution. — A  person  offending  against 
any  section  of  this  title  is  a  competent  witness  against  another 
person  so  offending  and  may  be  compelled  to  attend  and  testify 
on  any  trial,  hearing  or  proceeding,  or  investigation  in  the  same 


2/0  The  Penal  Code. 

manner  as  any  other  person.  The  testimony  so  given  shall  not 
be  used  in  any  prosecution  or  proceeding,  civil  or  criminal,  against 
the  person  testifying.  Any  such  person  testifying  shall  not  there- 
after be  liable  to  indictment,  prosecution  or  punishment  for  the 
offense  with  reference  to  which  his  testimony  was  given,  and  may 
plead  or  prove  the  giving  of  testimony  accordingly  in  bar  of  such 
an  indictment  or  prosecution.  (Thus  amended  by  chap.  371,  L. 
1901.) 

§  41  r.  Bribery  or  intimidation  of  elector  in  military  service  of 
United  States. — Any  person  who,  directly  or  indirectly,  by  bribery, 
menace  or  other  corrupt  means,  controls  or  attempts  to  control  an 
elector  of  this  state  enlisted  in  the  military  service  of  the  United 
States,  in  the  exercise  of  his  rights  under  the  election  law,  or  an- 
noys, injures  or  punishes  him  for  the  manner  in  which  he  exer- 
cises such  right,  is  guilty  of  a  misdemeanor  for  which  he  may  be 
tried  at  any  future  time  when  he  may  be  found  within  this  state; 
and  upon  conviction  thereof  shall  thereafter  be  ineligible  to  any 
office  therein.     (Section  renumbered  by  chap.  371,  L.  1901.) 

§  41s.  Duress  and  intimidation  of  voters. — Any  person  or  cor- 
poration who  directly  or  indirectly: 

1.  Uses  or  threatens  to  use  any  force,  violence  or  restraint,  or 
inflicts  or  threatens  to  inflict  any  injury,  damage,  harm  or  loss,  or 
in  any  other  manner  practices  intimidation  upon  or  against  any 
person  in  order  to  induce  or  compel  such  person  to  vote  or  refrain 
from  voting  at  any  election  or  to  vote  or  refrain  from  voting  for 
or  against  any  particular  person  or  persons  or  for  or  against  any 
proposition  submitted  to  voters  at  such  election,  or  to  place  or 
cause  to  be  placed  or  refrain  from  placing  or  causing  to  be  placed, 
his  name  upon  a  registr>'  of  voters,  or  on  account  of  such  person 
having  voted  or  refrained  from  voting  at  such  'election,  or  having 
voted  or  refrained  from  voting  for  or  against  any  particular  per- 
son or  persons,  or  for  or  against  any  proposition  submitted  to 
voters  at  such  election,  or  having  registered  or  refrained  from  reg- 
istering as  a  voter  ;  or, 

2.  By  abduction,  duress  or  any  forcible  or  fraudulent  device  or 
contrivance  whatever  impedes,  prevents  or  otherwise  interferes 
with  the  free  exercise  of  the  elective  franchise  by  any  voter,  or  com- 


The  Penal  Code.  271 

pels,  induces  or  prevails  upon  any  voter  to  give  or  refrain  from 
giving  his  vote  for  or  against  any  particular  person  at  any  elec- 
tion ;  or, 

3.  Being  an  employer  pays  his  employees  the  salary  or  wages  due 
in  "  pay  envelopes,"  upon  which  there  is  written  or  printed  any 
political  motto,  device  or  argument  containing  threats,  express  or 
implied,  intended  or  calculated  to  influence  the  political  opinions 
or  actions  of  such  employees,  or  within  ninety  days  of  a  general 
election  puts  or  otherwise  exhibits  in  the  establishment  or  place 
where  his  employees  are  engaged  in  labor,  any  hand  bill  or  placard 
containing  any  threat,  notice  or  information  that  if  any  particular 
ticket  or  candidate  is  elected  or  defeated,  work  in  his  place  or  estab- 
lishment will  cease,  in  whole  or  in  part,  his  establishment  be  closed 
up,  or  the  wages  of  his  employees  reduced,  or  other  threats,  express 
or  implied,  intended  or  calculated  to  influence  the  political  opin- 
ions or  actions  of  his  employees,  is  guilty  of  a  misdemeanor,  and  if 
a  corporation  shall  in  addition  forfeit  its  charter.  (Section 
renuDibercd  by  chap.  371,  L.  1901.) 

§  4it.  Conspiracy  to  promote  or  prevent  election. — Any  two  or 
more  persons  who  conspire  to  promote  or  prevent  the  election  of 
any  person  or  persons  to  a  public  ofiice  by  the  use  of  any  means 
which  are  prohibited  by  law,  shall  be  punishable  by  imprisonment 
for  not  more  than  one  year;  provided,  any  act  besides  such  agree- 
ment be  done  to  effect  the  object  thereof  by  one  or  more  of  the 
parties  to  such  conspiracy.  (Section  renumbered  by  chap.  371, 
L.  1901,  and  amended  by  chap.  625,  L.  1905,  i)i  effect  May  26, 
1905-) 

§  41U.  Political  assessments. — Any  person  who: 

1.  Being  an  officer  or  employee  of  the  state,  or  of  a  political 
subdivision  thereof,  directly  or  indirectly  uses  his  authority  or  offi- 
cial influence  to  compel  or  induce  any  other  officer  or  employee  of 
the  state  or  a  political  subdivision  thereof,  to  pay  or  promise  to  pay 
any  political  assessments ;  or, 

2.  Being  an  officer  or  employee  of  the  state  or  of  a  political 
subdivision  thereof,  directly  or  indirectly,  gives,  pays  or  hands  over 
to  any  other  such  officer  or  employee  any  money  or  other  valuable 
thing  on  account  of  or  to  be  applied  to  the  promotion  of  his  elec- 
tion, appointment  or  retention  in  office,  or  makes  any  promise,  or 
gives  any  subscription  to  such  officer  or  employee  to  pay  or  con- 
tribute any  money  or  other  valuable  thing  for  any  such  purpose 
or  object ;  or, 


272  The  Penal  Code. 

3.  Being  such  an  officer  or  employee  and  having  charge  or  con- 
trol of  any  building,  office  or  room  occupied  for  any  purpose  of  the 
state  or  of  a  political  subdivision  thereof,  consents  that  any  person 
enter  the  same  for  the  purpose  of  making,  collecting,  receiving  or 
giving  notice  of  any  political  assessment ;  or, 

4.  Enters  or  remains  in  any  such  office,  building  or  room,  or 
sends  or  directs  any  letter  or  other  writing  thereto,  for  the  purpose 
of  giving  notice  of  demanding  or  collecting  or  being  therein,  gives 
notice  of,  demands  collects  or  receives,  any  political  assessment; 

5.  Prepares  or  makes  out,  or  takes  any  part  in  preparing  or 
making  out,  any  political  assessment,  subscription  or  contribution, 
with  the  intent  that  the  same  shall  be  sent  or  presented  to  or  col- 
ected  of  any  such  officer  or  employee ;  or, 

6.  Sends  or  presents  any  political  assessment,  subscription,  or 
contribution  to,  or  requests  its  payment  of,  any  such  officer  or  em- 
ploye, 

Is  guilty  of  a  misdemeanor.  (Section  renumbered  by  chap.  371, 
L.  1901.) 

§  41V.  Corrupt  use  of  position  or  authority. — Any  person  who, 

1.  While  holding  a  public  office,  or  being  nominated  or  seeking 
a  nomination  or  appointment  therefor,  corruptly  uses  or  promises 
to  use,  directly  or  indirectly,  any  official  authority  or  influence 
possessed  or  anticipated,  in  the  way  of  conferring  upon  any  person, 
or  in  order  to  secure,  or  aid  any  person  in  securing,  any  office  or 
public  employment,  or  any  nomination,  confirmation,  promotion 
or  increase  of  salary,  upon  consideration  that  the  vote  or  political 
influence  or  action  of  the  person  so  to  be  benefited  or  of  any  other 
person  shall  be  given  or  used  in  behalf  of  any  candidate,  officer  or 
party  or  upon  any  other  corrupt  condition  or  consideration ;   or, 

2.  Being  a  public  officer  or  employee  of  the  state  or  a  political 
subdivision  having,  or  claiming  to  have,  any  authority  or  influence 
afifecting  the  nomination,  public  employment,  confirmation,  pro- 
motion, removal,  or  increase  or  decrease  of  salary  of  any  public 
officer  or  employee,  or  promises  or  threatens  to  use,  any  such 
authority  or  influence,  directly  or  indirectly  to  affect  the  vote  or 
political  action  of  any  such  public  officer  or  employee,  or  on  account 
of  the  vote  or  political  action  of  such  officer  or  employee ;  or 

3.  Makes,  tenders  or  offers  to  procure,  or  cause  any  nomination 
or  appointment  for  any  public  office  or  place,  or  accepts  or  requests 
any  such  nomination  or  appointment,  upon  the  payment  or  contri- 


The  Penal  Code.  273 

bution  of  any  valuable  consideration,  or  upon  an  understanding 
or  promise  thereof,  or 

4.  Makes  any  gift,  promise  or  contribution  to  any  person,  upon 
the  condition  or  consideration  of  receiving-  an  appointment  or 
election  to  a  public  office  or  position  of  public  employment,  or  for 
receiving  or  retaining  any  such  office  or  position,  or  promotion, 
privilege,  increase  of  salary  or  compensation  therein,  or  exemption 
from  removal  or  discharge  therefrom,  is  punishable  by  impris- 
onment for  not  more  than  two  years  or  by  a  fine  of  not  more  than 
three  thousand  dollars  or  both.  (Section  renumbered  by  chap.  371. 
L.  1901.) 

§  41  w.  Failure  to  file  candidate's  statement  of  expenses. — Every 
candidate  who  is  voted  for  at  any  public  election,  held  within  this 
state  shall,  within  ten  days  after  such  election,  file  as  hereinafter 
provided  an  itemized  statement  showing  in  detail  all  the  moneys 
contributed  or  expended  by  him,  directly  or  indirectly,  by  himself 
or  through  any  other  person,  in  aid  of  his  election.  Such  statement 
shall  give  the  names  of  the  various  persons  who  received  such 
moneys,  the  specific  nature  of  each  item,  and  the  purpose  for  which 
it  was  expended  or  contributed.  There  shall  be  attached  to  such 
statement  an  affidavit  subscribed  and  sworn  to  by  such  candidate, 
setting  forth  in  substance  that  the  statement  thus  made  is  in  all 
respects  true,  and  that  the  same  is  a  full  and  detailed  statement 
of  all  moneys  so  contributed  or  expended  by  him,  directly  or  indi- 
rectly, by  himself  or  through  any  other  person,  in  aid  of  his  elec- 
tion. Candidates  for  offices  to  be  filled  by  the  electors  of  the  en- 
tire state,  or  any  division  or  district  thereof  greater  than  a  county, 
shall  file  their  statements  in  the  office  of  the  secretary  of  state. 
The  candidates  for  town,  village  and  city  offices,  excepting  in  the 
city  of  New  York  shall  file  their  statements  in  the  office  of  the  town, 
village  or  city  clerk,  respectively,  and  in  cities  wherein  there  is  no 
city  clerk,  with  the  clerk  of  the  common  council  of  the  city  wherein 
the  election  occurs.  Candidates  for  all  other  offices,  including  all 
officers  in  the  city  and  county  of  New  York,  shall  file  their  state- 
ments in  the  office  of  the  clerk  of  the  county  wherein  the  election 
occurs.  Any  candidate  for  office  who  refuses  or  neglects  to  file  a 
statement  as  prescribed  in  this  section  shall  be  guilty  of  a  misde- 
meanor, and  shall  also  forfeit  his  office.  (Sectiou  renumbered  by 
chap.  371,  L.  1 90 1.) 

§  41 X.  Procuring  fraudulent  certificates  in  order  to  vote. — Any 
person  who   knowingly  and   willfully  procures  from  any   court. 


274  The  Penal  Code. 

judge,  clerk  or  other  officer,  a  certificate  of  naturalization,  which 
has  been  allowed,  issued,  signed  or  sealed  in  violation  of  the  laws  of 
the  United  States  or  of  this  state,  with  intent  to  enable  himself 
or  any  other  person  to  vote  at  any  election  when  he  or  such  person 
is  not  entitled  by  the  laws  of  the  United  States  to  become  a  citizen 
or  to  exercise  the  elective  franchise  is  guilty  of  a  felony. 

§  4iy.  Presenting  fraudulent  certificates  to  registry  boards  to 
procure  registration. — A  person  who  knowingly  and  willfully  pre- 
sents to  any  board  of  officers,  for  the  purpose  of  having  himself  or 
any  other  person  placed  upon  any  list  or  registry  of  voters,  or  to 
any  board  of  officers  for  the  purpose  of  enabling  himself  or  any 
other  person  to  vote  at  any  election,  any  certificate  of  naturaliza- 
tion which  has  been  allowed  or  issued  by  or  procured  from  any 
judicial  officer,  clerk  of  a  court,  or  other  ministerial  officer  of  a 
court,  by  any  false  statement,  oath  or  representation,  or  in  violation 
of  the  laws  of  the  United  States  or  of  this  state,  with  intent  to 
enable  any  person  to  vote  at  any  election,  when  such  person  is  not 
entitled  by  the  laws  of  the  United  States  to  become  a  citizen,  or  of 
this  state,  to  exercise  the  elective  franchise,  is  guilty  of  a  felony. 

§4iz.  Soliciting  from  candidates. — Any  person  who  solicits 
from  a  candidate  for  an  elective  office  money  or  other  property, 
or  who  seeks  to  induce  such  candidate  who  has  been  placed  in 
nomination  to  purchase  any  ticket,  card  or  other  evidence  of  admis- 
sion to  any  ball,  picnic,  fair  or  entertainment  of  any  kind,  is  guilty 
of  a  misdemeanor ;  but  this  section  shall  not  apply  to  a  request  for 
a  contribution  of  money  by  an  authorized  representative  of  the 
*  political  party,  organization  or  association  to  which  such  candidate 

belongs. 

§  41-zz.  Punishment;  first  offense. —  Any  person  convicted  of  a 
misdemeanor  under  this  title  shall  for  a  fi'rst  offense  be  punished 
by  imprisonment  for  not  more  than  one  year,  and  by  a  fine  of  not 
more  than  five  hundred  dollars.  Any  person  convicted  of  a  mis- 
demeanor under  this  title  for  a  second  or  a  subsequent  offense 
shall  be  deemed  guilty  of  a  felony.  (Added  by  chap.  371,  L. 
1901.  and  thus  amended  by  chap.  625,  L.  1905,  in  effect  May  26, 

1905-) 


CONSTITUTION 

OF   THE 

State  of  New  York. 


PROVISIONS    THEREIN,    CONCERNING    ELECTIONS 
AND    ELECTIVE    OFFICES. 

ARTICLE  II. 

Section  i.  Qualifications  of  voters. — Every  male  citizen  of  the 
age  of  twenty-one  years,  who  shall  have  been  a  citizen  for  ninety 
days,  and  an  inhabitant  of  this  state  one  year  next  preceding  an 
election,  and  for  the  last  four  months  a  resident  of  the  county,  and 
for  the  last  thirty  days  a  resident  of  the  election  district  in  which 
he  may  offer  his  vote,  shall  be  entitled  to  vote  at  such  election  in 
the  election  district  of  which  he  shall  at  the  time  be  a  resident,  and 
not  elsewhere,  for  all  officers  that  now  are  or  hereafter  may  be 
elective  by  the  people ;  and  upon  all  questions  which  may  be  sub- 
mitted to  the  vote  of  the  people,  provided  that  in  time  of  war  no 
elector  in  the  actual  military  service  of  the  state,  or  of  the  United 
States,  in  the  army  or  navy  thereof,  shall  be  deprived  of  his  vote 
by  reason  of  his  absence  from  such  election  district ;  and  the  leg- 
islature shall  have  power  to  provide  the  manner  in  which  and  the 
time  and  place  at  which  such  absent  electors  may  vote,  and  for 
the  return  and  canvass  of  their  votes  in  the  election  districts  in 
which  they  respectively  reside. 

§  2.  Persons  excluded  from  the  right  of  suffrage,  etc. — No  per- 
son who  shall  receive,  accept  or  offer  to  receive,  or  pay,  offer  or 
promise  to  pay,  contribute,  offer  or  promise  to  contribute  to  an- 
other, to  be  paid  or  used,  any  money  or  other  valuable  thing  as  a 
compensation  or  reward  for  the  giving  or  withholding  a  vote  at 
an  election,  or  who  shall  make  any  promise  to  influence  tlie  giving 


276  Constitution  of  the  State. 

or  withholding  any  such  vote,  or  who  shall  make  or  become  di- 
rectly or  indirectly  interested  in  any  bet  or  wager  depending  upon 
the  result  of  any  e^-^ction,  shall  vote  at  such  election;  and  upon 
challenge  for  such  cause,  the  person  so  challenged,  before  the 
officers  authorized  for  that  purpose  shall  receive  his  vote,  shall 
swear  or  affirm  before  such  officers  that  he  has  not  received  or 
offered,  does  not  expect  to  receive,  has  not  paid,  offered  or  prom- 
ised to  pay,  contributed,  offered  or  promised  to  contribute  to  an- 
other, to  be  paid  or  used,  any  money  or  other  valuable  thing  as  a 
compensation  or  reward  for  the  giving  or  withholding  a  vote  at 
such  election,  and  has  not  made  any  promise  to  influence  the  giving 
or  withholding  of  any  such  vote,  nor  made  or  become  directly  or 
indirectly  interested  in  any  bet  or  wager  depending  upon  the  re- 
sult of  such  election.  The  legislature  shall  enact  laws  excluding 
from  the  right  of  suffrage  all  persons  convicted  of  bribery  or  of 
any  infamous  crime. 

§  3.  Certain  occupations  and  conditions  not  to  affect  residence  of 
voters. — For  the  purpose  of  voting,  no  person  shall  be  deemed  to 
have  gained  or  lost  a  residence,  by  reason  of  his  presence  or  ab- 
sence, while  employed  in  the  service  of  the  United  States;  nor 
while  engaged  in  the  navigation  of  the  waters  of  this  state,  or  of 
the  United  States,  or  of  the  high  seas ;  nor  while  a  student  of  any 
seminary  of  learning;  nor  while  kept  at  any  almshouse,  or  other 
asylum,  or  institution  wholly  or  partly  supported  at  public  expense, 
or  by  charity ;  nor  while  confined  in  any  public  prison. 

§  4.  Registration  and  election  laws  to  be  passed. — Laws  shall 
be  made  for  ascertaining,  by  proper  proofs,  the  citizens  who  shall 
be  entitled  to  the  right  of  suffrage  hereby  established,  and  for 
the  registration  of  voters ;  which  registration  shall  be  completed  at 
least  ten  days  before  each  election.  Such  registration  shall  not  be 
required  for  town  and  village  elections  except  by  express  provision 
of  law.  In  cities  and  villages  having  five  thousand  inhabitants  or 
more,  according  to  the  last  preceding  state  enumeration  of  inhab- 
itants, voters  shall  be  registered  upon  personal  application  only; 
but  voters  not  residing  in  such  cities  or  villages  shall  not  be  re- 
quired to  apply  in  person  for  registration  at  the  first  meeting  of  the 
officers  having  charge  of  the  registry  of  voters. 

§  5.  Manner  of  voting. — All  elections  by  the  citizens,  except  for 
such  town  officers  as  may  by  law  be  directed  to  be  otherwise 


Constitution  of  the  State.  277 

chosen,  shall  be  by  ballot,  or  by  such  other  method  as  may  be  pre- 
scribed by  law,  provided  that  secrecy  in  voting  be  preserved. 

§  6.  Begistration  and  election  boards  to  be  bi-partisan,  except 
at  town  and  village  elections. — All  laws  creating,  regulating  or  af- 
fecting boards  of  officers  charged  with  the  duty  of  registering 
voters,  or  of  distributing  ballots  at  the  polls  to  voters,  or  of  receiv- 
ing, recording  or  counting  votes  at  elections,  shall  secure  equal  rep- 
resentation of  the  two  political  parties  which,  at  the  general  election 
next  preceding  that  for  which  such  boards  or  officers  are  to  serve, 
cast  the  highest  and  the  next  highest  number  of  votes.  All  such 
boards  and  officers  shall  be  appointed  or  elected  in  such  manner, 
and  upon  the  nomination  of  such  representatives  of  said  parties 
respectively,  as  the  legislature  may  direct.  Existing  laws  on  this 
subject  shall  continue  until  the  legislature  shall  otherwise  provide. 
This  section  shall  not  apply  to  town  meetings,  or  to  village  elec- 
tions. 

ARTICLE  III. 

Section  i.  Legislative  powers. — The  legislative  power  of  this 
state  shall  be  vested  in  the  senate  and  assembly. 

§  2.  Number  and  terms  of  senators  and  assemblymen. — The 
senate  shall  consist  of  fifty  members,  except  as  hereinafter  pro- 
vided. The  senators  elected  in  the  year  one  thousand  eight  hun- 
dred and  ninety-five  shall  hold  their  offices  for  three  years,  and  their 
successors  shall  be  chosen  for  two  years.  The  assembly  shall  con- 
sist of  one  hundred  and  fifty  members  who  shall  be  chosen  for  one 
year. 

§  3.  Senate  districts. — The  state  shall  be  divided  into  fifty  dis- 
tricts to  be  called  senate  districts,  each  of  which  shall  choose  one 
senator.  The  districts  shall  be  numbered  from  one  to  fifty,  in- 
clusive. 

District  number  one  (i)  shall  consist  of  the  counties  of  Suffolk 
and  Richmond. 

District  number  two  (2)  shall  consist  of  the  county  of  Queens. 

District  number  three  (3)  shall  consist  of  that  part  of  the  county 
of  Kings,  comprising  the  first,  second,  third,  fourth,  fifth  and  sixth 
wards  of  the  city  of  Brooklyn. 

District  number  four  (4)  shall  consist  of  that  part  of  the  county 


278  Constitution  of  the  State. 

of  Kings  comprising  the  seventh,  thirteenth,  nineteenth  and  twenty- 
first  wards  of  the  city  of  Brooklyn. 

District  number  five  (5)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  eighth,  tenth,  twelfth  and  thirtieth  wards 
of  the  city  of  Brooklyn,  and  the  ward  of  the  City  of  Brooklyn 
which  was  formerly  the  town  of  Gravesend. 

District  number  six  (6)  shall  consist  of  that  part  of  the  county  of 
Kings  comprising  the  ninth,  eleventh,  twentieth  and  twenty-second 
wards  of  the  city  of  Brooklyn. 

District  number  seven  (7)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  fourteenth,  fifteenth,  sixteenth  and  sev- 
enteenth wards  of  the  city  of  Brooklyn. 

District  number  eight  (8)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  twenty-third,  twenty-fourth,  twenty-fifth 
and  twenty-ninth  wards  of  the  city  of  Brooklyn,  and  the  town  of 
Flatlands. 

District  number  nine (9)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  eighteenth,  twenty-sixth,  twenty-seventh 
and  twenty-eighth  wards  of  the  city  of  Brooklyn. 

District  number  ten  (10)  shall  consist  of  that  part  of  the  county 
of  New  York  within  and  bounded  by  a  line  beginning  at  Canal 
street  and  the  Hudson  river,  and  running  thence  along  Canal  street, 
Hudson  street,  Dominick  street,  Varick  street,  Broome  street,  Sulli- 
van street,  Spring  street,  Broadway,  Canal  street,  the  Bowery,  Divi- 
sion street,  Grand  street  and  Jackson  street,  to  the  East  river  and 
thence  around  the  southern  end  of  Manhattan  island,  to  the  place 
of  beginning,  and  also  Governor's,  Bedloe's  and  Ellis  islands. 

District  number  eleven  (11)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  ten,  and  within 
and  bounded  by  a  line  beginning  at  the  junction  of  Broadway  and 
Canal  street,  and  running  thence  along  Broadway,  Fourth  street, 
the  Bowery  and  Third  avenue,  St.  Mark's  place.  Avenue  A,  Sev- 
enth street,  Avenue  B,  Clinton  street,  Rivington  street,  Norfolk 
street.  Division  street.  Bowery  and  Canal  street,  to  the  place  of 
beginning. 

District  number  twelve  (12)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  ten  and 
eleven  and  within  and  bounded  by  a  line  beginning  at  Jackson 
street  and  the  East  river,  and  running  thence  through  Jackson 


Constitution  of  the  State.  279 

street,  Grand  street,  Division  street,  Norfolk  street,  Rivington 
street,  Clinton  street.  Avenue  B,  Seventh  street,  Avenue  A,  St. 
Mark's  place.  Third  avenue.  East  Fourteenth  street  to  the  East 
river,  and  along  the  East  river,  to  the  place  of  beginning. 

District  number  thirteen  (13)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  ten,  and  within 
and  bounded  by  a  line  beginning  at  the  Hudson  river  at  the  foot  of 
Canal  street,  and  running  thence  along  Canal  street,  Hudson  street, 
Dominick  street,  Varick  street,  Broome  street,  Sullivan  street, 
Spring  street,  Broadway,  Fourth  street,  the  Bowery  and  Third 
avenue,  Fourteenth  street,  Sixth  avenue,  West  Fifteenth  street, 
Seventh  avenue.  West  Nineteenth  street,  Eighth  avenue,  West 
Twentieth  street,  and  the  Hudson  river,  to  the  place  of  beginning. 

District  number  fourteen  (14)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  twelve  and 
thirteen,  and  within  and  bounded  by  a  line  beginning  at  East  Four- 
teenth street  and  the  East  river,  and  running  thence  along  East 
Fourteenth  street,  Irving  place,  East  Nineteenth  street,  Third 
avenue,  East  Twenty-third  street,  Lexington  avenue.  East  Fifty- 
third  street,  Third  avenue,  East  Fifty-second  street,  and  the  East 
river,  to  the  place  of  beginning. 

District  number  fifteen  (15)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  thirteen,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  West 
Fourteenth  street  and  Sixth  avenue,  and  running  thence  along 
Sixth  avenue,  West  Fifteenth  street,  Seventh  avenue,  West  For- 
tieth street.  Eighth  avenue,  and  the  transverse  road  across  Central 
park  at  Ninety-seventh  street.  Fifth  avenue.  East  Ninety-sixth 
street,  Lexington  avenue.  East  Twenty-third  street.  Third  avenue. 
East  Nineteenth  street,  Irving  place  and  Fourteenth  street,  to  the 
place  of  beginning. 

District  number  sixteen  (16)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  thirteen,  and 
within  and  bounded  by  a  line  beginning  at  Seventh  avenue  and 
West  Nineteenth  street,  and  running  thence  along  West  Nine- 
teenth street.  Eighth  avenue,  West  Twentieth  street,  the  Hudson 
river,  West  Forty-sixth  street.  Tenth  avenue,  West  Forty-third 
street,  Eighth  avenue,  West  Fortieth  street  and  Seventh  avenue, 
to  the  place  of  beginning. 


28o  Constitution  of  the  State. 

District  number  seventeen  (17)  shall  consist  of  that  part  of 
the  county  of  New  York  lying  north  of  district  number  sixteen, 
and  within  and  bounded  by  a  line  beginning  at  the  junction  of 
Eighth  avenue  and  West  Forty-third  street,  and  running  thence 
along  West  Forty-third  street.  Tenth  avenue,  West  Forty-sixth 
street,  the  Hudson  river.  West  Eighty-ninth  street,  Tenth  or  Am- 
sterdam avenue,  West  Eighty-sixth  street.  Ninth  or  Columbus 
avenue.  West  Eighty-first  street  and  Eighth  avenue,  to  the  place 
of  beginning. 

District  number  eighteen  (18)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  fourteen,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  East 
Fifty-second  street  and  the  East  river,  and  running  thence  along 
East  Fifty-second  street,  Third  avenue,  East  Fifty-third  street, 
Lexington  avenue.  East  Eighty-fourth  street,  Second  avenue,  East 
Eighty-third  street  and  the  East  river,  to  the  place  of  beginning; 
and  also  Blackwell's  island. 

District  number  nineteen  (19)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  seventeen,  and 
within  and  bounded  by  a  line  beginning  at  West  Eighty-ninth  street 
and  the  Hudson  river,  and  running  thence  along  the  Hudson  river 
and  Spuyten  Duyvil  creek  around  the  northern  end  of  Manhattan 
island,  thence  southerly  along  the  Harlem  river  to  the  north  end 
of  Fifth  avenue;  thence  along  Fifth  avenue,  East  One  Hundred 
and  Twenty-ninth  street,  Fourth  or  Park  avenue.  East  One  Hun- 
dred and  Tenth  street.  Fifth  avenue,  the  transverse  road  across 
Central  park  at  Ninety-seventh  street.  Eighth  avenue.  West 
Eighty-first  street,  Ninth  or  Columbus  avenue,  West  Eighty-sixth 
street,  Tenth  or  Amsterdam  avenue  and  West  Eighty-ninth  street, 
to  the  place  of  beginning. 

District  number  twenty  (20)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  eighteen 
and  fifteen,  and  within  and  bounded  by  a  line  beginning  at  East 
Eighty-third  street  and  the  East  river,  running  thence  through 
East  Eighty-third  street,  Second  avenue,  East  Eighty-fourth 
street,  Lexington  avenue,  East  Ninety-sixth  street.  Fifth  avenue, 
East  One  Hundred  and  Tenth  street.  Fourth  or  Park  avenue,  East 
One  Hundred  and  Nineteenth  street  to  the  Harlem  river,  and  along 


Constitution  of  the  State.  agi 

the  Harlem  and  East  rivers  to  the  place  of  beginning;  and  also 
Randall's  island  and  Ward's  island. 

All  of  the  above  districts  in  the  county  of  New  York  bounded 
upon  or  along  the  boundary  waters  of  the  county,  shall  be  deemed  to 
extend  to  the  county  line. 

District  number  twenty-one  (21)  shall  consist  of  that  part  of 
the  county  of  New  York  lying  north  of  districts  numbers  nineteen 
and  twenty,  within  and  bounded  by  a  line  beginning  at  East  One 
Hundred  and  Nineteenth  street  and  the  Harlem  river,  and  running 
thence  along  East  One  Hundred  and  Nineteenth  street,  Fourth  or 
Park  avenue.  One  Hundred  and  Twenty-ninth  street.  Fifth  avenue 
and  the  Harlem  river,  to  the  place  of  beginning ;  and  all  that  part  of 
the  county  of  New  York  not  hereinbefore  described. 

District  number  twenty-two  (22)  shall  consist  of  the  county  of 
Westchester. 

District  number  twenty-three  (23)  shall  consist  of  the  counties 
of  Orange  and  Rockland. 

District  number  twenty-four  (24)  shall  consist  of  the  counties  of 
Dutchess,  Columbia  and  Putnam. 

District  number  twenty-five  (25)  shall  consist  of  the  counties 
of  Ulster  and  Greene. 

District  number  twenty-six  (26)  shall  consist  of  the  counties 
of  Delaware,  Chenango  and  Sullivan. 

District  number  twenty-seven  (27)  shall  consist  of  the  counties 
of  Montgomery,  Fulton,  Hamilton  and  Schoharie. 

District  number  twenty-eight  (28)  shall  consist  of  the  counties 
of  Saratoga,  Schenectady  and  Washington. 

District  number  twenty-nine  (29)  shall  consist  of  the  county 
of  Albany, 

District  number  thirty  (30)  shall  consist  of  the  county  of 
Rensselaer. 

District  number  thirty-one  (31)  shall  consist  of  the  counties 
of  Clinton,  Essex  and  Warren. 

District  number  thirty-two  (32)  shall  consist  of  the  counties 
of  St.  Lawrence  and  Franklin. 

District  number  thirty-three  (33)  shall  consist  of  the  counties 
of  Otsego  and  Herkimer. 

District  number  thirty- four  (34)  shall  consist  of  the  county 
of  Oneida. 


282  Constitution  of  the  State. 

District  number  thirty-five  (35)  shall  consist  of  the  counties 
of  Jefferson  and  Lewis. 

District  number  thirty-six  (36)  shall  consist  of  the  county  of 
Onondaga. 

District  number  thirty-seven  (37)  shall  consist  of  the  counties 
of  Oswego  and  Madison. 

District  number  thirty-eight  (38)  shall  consist  of  the  counties 
of  Broome,  Cortland  and  Tioga. 

District  number  thirty-nine  (39)  shall  consist  of  the  counties 
of  Cayuga  and  Seneca. 

District  number  forty  (40)  shall  consist  of  the  counties  of  Che- 
mung, Tompkins  and  Schuyler. 

District  number  forty-one  (41)  shall  consist  of  the  counties 
of  Steuben  and  Yates. 

District  number  forty-two  (42)  shall  consist  of  the  counties 
of  Ontario  and  Wayne. 

District  number  forty-three  (43)  shall  consist  of  that  part  of 
the  county  of  Monroe  comprising  the  towns  of  Brighton,  Henri- 
etta, Irondequoit,  Mendon,  Penfield,  Perinton,  Pittsford,  Rush 
and  Webster,  and  the  fourth,  sixth,  seventh,  eighth,  twelfth,  thir- 
teenth, fourteenth,  sixteenth,  seventeenth  and  eighteenth  wards 
of  the  city  of  Rochester,  as  at  present  constituted. 

District  number  forty-four  (44)  shall  consist  of  that  part  of  the 
county  of  Monroe  comprising  the  towns  of  Chili,  Clarkson,  Gates, 
Greece,  Hamlin,  Ogden,  Parma,  Riga,  Sweden  and  Wheatland, 
and  the  first,  second,  third,  fifth,  ninth,  tenth,  eleventh,  fifteenth, 
nineteenth  and  twentieth  wards  of  the  city  of  Rochester,  as  at 
present  constituted. 

District  number  forty-five  (45)  shall  consist  of  the  counties 
of  Niagara,  Genesee  and  Orleans. 

District  number  forty-six  (46)  shall  consist  of  the  counties 
of  Allegany,  Livingston  and  Wyoming. 

District  number  forty-seven  (47  )  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  first,  second,  third,  sixth,  fifteenth, 
nineteenth,  twentieth,  twenty-first,  twenty-second,  twenty-third  and 
twenty-fourth  wards  of  the  city  of  Buffalo,  as  at  present  consti- 
tuted. 

District  number  forty-eight  (48)  shall  consist  of  that  part  of 
the  county  of  Erie  comprising  the  fourth,  fifth,  seventh,  eighth. 


Constitution  of  the  State.  283 

ninth,  tenth,  eleventh,  twelfth,  thirteenth,  fourteenth  and  sixteenth 
wards  of  the  city  of  BufTalo,  as  at  present  constituted. 

District  number  forty-nine  (49)  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  seventeenth,  eighteenth  and  twenty- 
fifth  wards  of  the  city  of  Buffalo  as  at  present  constituted,  and  all 
the  remainder  of  the  said  county  of  Erie  not  hereinbefore  de- 
scribed. 

District  number  fifty  (50)  shall  consist  of  the  counties  of  Chau- 
tauqua and  Cattaraugus. 

§  4.  Enumeration  to  be  taken  every  ten  years — senate  districts, 
how  altered. — An  enumeration  of  the  inhabitants  of  the  state 
shall  be  taken  under  the  direction  of  the  secretary  of  state,  during 
the  months  of  May  and  June,  in  the  year  one  thousand  nine  hun- 
dred and  five,  and  in  the  same  months  every  tenth  year  there- 
after ;  and  the  said  districts  shall  be  so  altered  by  the  legislature 
at  the  first  regular  session  after  the  return  of  ever>'  enumeration, 
that  each  senate  district  shall  contain  as  nearly  as  may  be  an  equal 
number  of  inhabitants,  excluding  aliens,  and  be  in  as  compact 
form  as  practicable,  and  shall  remain  unaltered  until  the  return 
of  another  enumeration,  and  shall  at  all  times,  consist  of  contig- 
uous territory,  and  no  county  shall  be  divided  in  the  formation 
of  a  senate  district  except  to  make  two  or  more  senate  districts 
wholly  in  such  county.  No  town,  and  no  block  in  a  city  inclosed 
by  streets  or  public  ways,  shall  be  divided  in  the  formation  of 
senate  districts;  nor  shall  any  district  contain  a  greater  excess  in 
population  over  an  adjoining  district  in  the  same  county,  than  the 
population  of  a  town  or  block  therein,  adjoining  such  district. 
Counties,  towns  or  blocks  which,  from  their  location,  may  be  in- 
cluded in  either  of  two  districts,  shall  be  so  placed  as  to  make  said 
districts  most  nearly  equal  in  number  of  inhabitants,  excluding 
aliens. 

No  county  shall  have  four  or  more  senators  unless  it  shall  have 
a  full  ratio  for  each  senator.  No  county  shall  have  more  than 
one-third  of  all  the  senators ;  and  no  two  counties  or  the  territory 
thereof  as  now  organized,  which  are  adjoining  counties,  or  which 
are  separated  only  by  public  waters,  shall  have  more  than  one- 
half  of  all  the  senators. 

The  ratio  for  apportioning  senators  shall  always  be  obtained 
by  dividing  the  number  of  inhabitants,  excluding  aliens,  by  fiftv 


284  Constitution  of  the  State. 

and  the  senate  shall  always  be  composed  of  fifty  members,  except 
that  if  any  county  having  three  or  more  senators  at  the  time  of 
any  apportionment  shall  be  entitled  on  such  ratio  to  an  additional 
senator  or  senators,  such  additional  senator  or  senators  shall  be 
given  to  such  county  in  addition  to  the  fifty  senators,  and  the 
whole  number  of  senators  shall  be  increased  to  that  extent. 

§  5.  Apportionment  of  assemblymen;  creation  of  assembly  dis- 
tricts.— The  members  of  the  assembly  shall  be  chosen  by  single 
districts,  and  shall  be  apportioned  by  the  legislature  at  the  first 
regular  session  after  the  return  of  every  enumeration  among  the 
several  counties  of  the  state,  as  nearly  as  may  be  according  to  the 
number  of  their  respective  inhabitants,  excluding  aliens.  Every 
county  heretofore  established  and  separately  organized,  except  the 
county  of  Hamilton,  shall  always  be  entitled  to  one  member  of 
assembly,  and  no  county  shall  hereafter  be  erected  unless  its  pop- 
ulation shall  entitle  it  to  a  member.  The  county  of  Hamilton  shall 
elect  with  the  county  of  Fulton,  until  the  population  of  the  county 
of  Hamilton  shall,  according  to  the  ratio,  entitle  it  to  a  member. 
But  the  legislature  may  abolish  the  said  county  of  Hamilton  and 
annex  the  territory  thereof  to  some  other  county  or  counties. 

The  quotient  obtained  by  dividing  the  whole  number  of  inhab- 
itants of  the  state,  excluding  aliens,  by  the  number  of  members  of 
assembly,  shall  be  the  ratio  for  apportionment,  which  shall  be 
made  as  follows:  One  member  of  assembly  shall  be  apportioned 
to  every  county,  including  Fulton  and  Hamilton  as  one  county, 
containing  less  than  the  ratio  and  one-half  over.  Two  members 
shall  be  apportioned  to  every  other  county.  The  remaining  mem- 
bers of  assembly  shall  be  apportioned  to  the  counties  having  more 
than  two  ratios  according  to  the  number  of  inhabitants,  exclud- 
ing aliens.  Members  apportioned  on  remainders  shall  be  appor- 
tioned to  the  counties  having  the  highest  remainders  in  the  order 
thereof  respectively.  No  county  shall  have  more  members  of 
assembly  than  a  county  having  a  greater  number  of  inhabitants, 
excluding  aliens. 

Until  after  the  next  enumeration,  members  of  the  assembly 
shall  be  apportioned  to  the  several  counties  as  follows:  Albany 
county,  four  members;  Allegany  county,  one  member;  Broome 
county,  two  members ;  Cattaraugus  county,  two  members ;  Cayuga 
county,  two  members ;  Chautauqua  county,  two  members ;  Che- 


Constitution  of  the  State.  285 

mung  county,  one  member ;  Chenango  county,  one  member ;  Clin- 
ton county,  one  member ;  Columbia  county,  one  member ;  Cortland 
county,  one  member;  Delaware  county,  one  member;  Dutchess 
county,  two  members ;  Erie  county,  eight  members ;  Essex  county, 
one  member ;  Franklin  county,  one  member ;  Fulton  and  Hamilton 
counties,  one  member ;  Genesee  county,  one  member ;  Greene 
county,  one  member ;  Herkimer  county,  one  member ;  Jefferson 
county,  two  members ;  Kings  county,  twenty-one  members ;  Lewis 
county,  one  member;  Livingston  county,  one  member;  Madison 
county,  one  member ;  Monroe  county,  four  members ;  Montgom- 
ery county,  one  member;  New  York  county,  thirty-five  members; 
Niagara  county,  two  members ;  Oneida  county,  three  members ; 
Onondaga  county,  four  members;  Ontario  county,  one  member; 
Orange  county,  tw.o  members ;  Orleans  county,  one  member ; 
Oswego  county,  two  members ;  Otsego  county,  one  member ;  Put- 
nam county,  one  member ;  Queens  county,  three  members ;  Rensse- 
laer county,  three  members  ;  Richmond  county,  one  member ;  Rock- 
land county,  one  member;  St.  Lawrence  county,  two  members; 
Saratoga  county ,one  member ;  Schenectady  county,  one  member ; 
Schoharie  county,  one  member ;  Schuyler  county,  one  member ; 
Seneca  county,  one  member ;  Steuben  county,  two  members ;  Suf- 
folk county,  two  members ;  Sullivan  county,  one  member ;  Tioga 
county,  one  member ;  Tompkins  county,  one  member ;  Ulster 
county,  two  members ;  Warren  county,  one  member ;  Washington 
county,  one  member ;  Wayne  county,  one  member ;  Westchester 
county,  three  members ;  Wyoming  county,  one  member,  and  Yates 
county,  one  member. 

In  any  county  entitled  to  more  than  one  member,  the  board  of 
supervisors,  and  in  any  city  embracing  an  entire  county  and  hav- 
ing no  board  of  supervisors,  the  common  council,  or  if  there  be 
none,  tlie  body  exercising  the  powers  of  a  common  council,  shall 
assemble  on  the  second  Tuesday  of  June,  one  thousand  eight  hun- 
dred and  ninety-five,  and  at  such  times  as  the  legislature  making 
an  apportionment  shall  prescribe,  and  divide  such  counties  into 
assembly  districts  as  nearly  equal  in  number  of  inhabitants, 
excluding  aliens,  as  may  be,  of  convenient  and  contiguous  territory 
in  as  compact  form  as  practicable,  each  of  which  shall  be  wholly 
within  a  senate  district  formed  under  the  same  apportionment  equal 
to  the  number  of  members  of  assembly  to  which  such  county  shall 


286  Constitution  of  the  State. 

be  entitled,  and  shall  cause  to  be  filed  in  the  office  of  the  secretary 
of  state  and  of  the  clerk  of  such  county,  a  description  of  such  dis- 
tricts, specifying  the  number  of  each  district  and  of  the  inhab- 
itants thereof,  excluding  aliens,  according  to  the  last  preceding 
enumeration;  and  such  apportionment  and  districts  shall  remain 
unaltered  until  another  enumeration  shall  be  made,  as  herein  pro- 
vided; but  said  division  of  the  city  of  Brooklyn  and  the  county 
of  Kings  to  be  made  on  the  second  Tuesday  of  June,  one  thousand 
eiglit  hundred  and  ninety-five,  shall  be  made  by  the  common  council 
of  said  city  and  the  board  of  supervisors  of  said  county,  assembled 
in  joint  session.    In  counties  having  more  than  one  senate  district, 
the  same  number  of  assembly  districts  shall  be  put  in  each  senate 
district,  unless  the  assembly  districts  cannot  be  evenly  divided 
among  the  senate  districts  of  any  county,  in  which  case  one  more 
assembly  district  shall  be  put  in  the  senate  district  in  such  county 
having  the  largest,  or  one  less  assembly  district  shall  be  put  in  the 
senate  district  in  such  county  having  the  smallest  number  of  inhab- 
itants, excluding  aliens,  as  the  case  may  require.     No  town,  and 
no  block  in  a  city  inclosed  by  streets  or  public  ways,  shall  be  divided 
in  the  formation  of  assembly  districts,  nor  shall  any  district  contain 
a  greater  excess  in  population  over  an  adjoining  district  in  the 
same  senate  district,  than  the  population  of  a  town  or  block  therein 
adjoining  such  assembly  district.     Towns  or  blocks  which,  from 
their  location,  may  be  included  in  either  of  two  districts,  shall  be 
so  placed  as  to  make  said  districts  most  nearly  equal  in  number 
of  inhabitants,  excluding  aliens ;  but  in  the  division  of  cities  under 
the  first  apportionment,  regard  shall  be  had  to  the  number  of  inhab- 
itants, excluding  aliens,  of  the  election  districts  according  to  the 
state  enumeration  of  one  thousand  eight  hundred  and  ninety-two, 
so  far  as  may  be.  instead  of  blocks.     Nothing  in  this  section  shall 
prevent  the  division,  at  any  time,  of  counties  and  towns,  and  the 
erection  of  new  towns  by  the  legislature. 

An  apportionment  by  the  legislature,  or  other  body,  shall  be 
subject  to  review  by  the  supreme  court,  at  the  suit  of  any  citizen, 
under  such  reasonable  regulations  as  the  legislature  may  pre- 
scri1>e ;  and  any  court  before  which  a  catise  may  be  pending  involv- 
ing an  apportionment,  shall  give  precedence  thereto  over  all  other 
causes  and  proceedings,  and  if  said  court  be  not  in  session  it  shall 
convene  promptly  for  the  disposition  of  the  same. 


Constitution  of  the  State.  287 

§  6.  Compensation  of  members. — Each  member  of  the  legislature 
shall  receive  for  his  services  an  annual  salary  of  one  thousand  five 
hundred  dollars.  The  members  of  either  house  shall  also  receive 
the  sum  of  one  dollar  for  every  ten  miles  they  shall  travel  in  going 
to  or  returning  from  their  place  of  meeting,  once  in  each  session,  on 
the  most  usual  route.  Senators,  when  the  senate  alone  is  convened 
in  extraordinary  session,  or  when  serving  as  members  of  the  court 
for  the  trial  of  impeachments,  and  such  members  of  the  assem- 
bly, not  exceeding  nine  in  number,  as  shall  be  appointed  managers 
of  an  impeachment,  shall  receive  an  additional  allowance  of  ten 
dollars  a  day. 

§  7.  Civil  appointments  of  members  void. — No  member  of  the 
legislature  shall  receive  any  civil  appointment  within  this  state, 
or  the  senate  of  the  United  States,  from  the  governor,  the  gov- 
ernor and  senate,  or  from  the  legislature,  or  from  any  city  gov- 
ernment, during  the  time  for  which  he  shall  have  been  elected; 
and  all  such  appointments  and  all  votes  given  for  any  such  member 
for  any  such  office  or  appointments  shall  be  void. 

§  8.  Persons  disqualified  for  being  members. — No  person  shall 
be  eligible  to  the  legislature,  who  at  the  time  oi"  his  election,  is. 
or  within  one  hundred  days  previous  thereto  has  been,  a  member  of 
congress,  a  civil  or  military  officer  under  the  United  States,  or 
an  officer  under  any  city  government.  And  if  any  person  shall, 
after  his  election  as  a  member  of  the  legislature,  be  elected  to 
congress,  or  appointed  to  any  office,  civil  or  military,  under  the 
government  of  the  United  States,  or  under  any  city  government, 
his  acceptance  thereof  shall  vacate  his  seat. 

§  9.  Time  of  election  fixed. — The  elections  of  senators  and  mem- 
bers of  assembly,  pursuant  to  the  provisions  of  this  Constitution, 
shall  be  held  on  the  Tuesday  succeeding  the  first  Monday  of 
November,  unless  otherwise  directed  by  the  legislature. 

******* 

§  18.  Private  and  local  bills  not  to  be  passed  in  certain  cases. — 
The  legislature  shall  not  pass  a  private  or  local  bill  in  any  of  the 
following  cases : 

******* 
Providing  for  election  of  members  of  boards  of  supervisors. 


388  Constitution  of  the  State. 

The  opening  and  conducting  of  elections  or  designating  places 
of  voting. 

******* 

§  27.  Local  legislative  powers. — The  legislature  shall,  by  gen- 
eral laws,  confer  upon  the  boards  of  supervisors  of  the  several 
counties  of  the  state  such  further  powers  of  local  legislation  and 
administration  as  the  legislature  may  from  time  to  time  deem  ex- 
pedient. 

§  28.  Extra  compensation  prohibited. — The  legislature  shall 
not,  nor  shall  the  common  council  of  any  city,  nor  any  board  of 
supervisors,  grant  any  extra  compensation  to  any  public  officer, 
servant,  agent  or  contractor. 

ARTICLE  IV 

Sec.  I.  Executive  power,  how  vested. — The  executive  power 
shall  be  vested  in  a  governor,  who  shall  hold  his  office  for  two 
years;  a  lieutenant-governor  shall  be  chosen  at  the  same  time,  and 
for  the  same  term.  The  governor  and  lieutenant-governor  elected 
next  preceding  the  time  when  this  section  shall  take  effect,  shall 
hold  office  until  and  including  the  thirty-first  day  of  December,  one 
thousand  eight  hundred  and  ninety-six,  and  their  successors  shall 
be  chosen  at  the  general  election  in  that  year. 

§  2.  ftualifications  of  governor  and  lieutenant-governor. — No 
person  shall  be  eligible  to  the  office  of  governor  or  lieutenant- 
governor,  except  a  citizen  of  the  United  States,  of  the  age  of  not 
less  than  thirty  years,  and  who  shall  have  been  five  years  next  pre- 
ceding his  election  a  resident  of  this  state. 

§  3.  Election  of  governor  and  lieutenant-governor. — The  gov- 
ernor and  lieutenant-governor  shall  be  elected  at  the  times  and 
places  of  choosing  members  of  the  assembly.  The  persons  respec- 
tively having  the  highest  number  of  votes  for  governor  and  lieu- 
tenant-governor shall  be  elected  ;  but  in  case  two  or  more  shall  have 
an  equal  and  the  highest  number  of  votes  for  governor,  or  for 
lieutenant-governor,  the  two  houses  of  the  legislature  at  its  next 
annual  session  shall  forthwith,  by  joint  ballot,  choose  one  of  the 
said  persons  so  having  an  equal  and  the  highest  number  of  votes 
for  governor  or  lieutenant-governor.     , 


Constitution  of  the  State.  289 

§  7.  Qualifications  of  lieutenant-governor. — The  lieutenant- 
governor  shall  possess  the  same  qualifications  of  eligibility  for  of- 
fice as  the  governor.  He  shall  be  president  of  the  senate,  but  shall 
have  only  a  casting  vote  therein.  If  during  a  vacancy  of  the  office 
of  governor,  the  lieutenant-governor  shall  be  impeached,  dis- 
placed, resign,  die,  or  become  incapable  of  performing  the  duties 
of  his  office,  or  be  absent  from  the  state,  the  president  of  the  sen- 
ate shall  act  as  governor  until  the  vacancy  be  filled  or  the  disability 
shall  cease;  and  if  the  president  of  the  senate  for  any  of  the  above 
causes  shall  become  incapable  of  performing  the  duties  pertaining 
to  the  office  of  governor,  the  speaker  of  the  assembly  shall  act  as 
governor  until  the  vacancy  be  filled  or  the  disability  shall  cease. 

ARTICLE  V 

Sec.  I.  State  officers. — The  secretary  of  state,  comptroller, 
treasurer,  attorney-general  and  state  engineer  and  surveyor 
shall  be  chosen  at  a  general  election  at  the  times  and  places  of  elect- 
ing the  governor  and  lieutenant-governor,  and  shall  hold  their 
offices  for  two  years,  except  as  provided  in  section  two  of  this 
article.  Each  of  the  officers  in  this  article  named,  excepting  the 
speaker  of  the  assembly,  shall,  at  stated  times  during  his  continu- 
ance in  office,  receive  for  his  services  a  compensation  which  shall 
not  be  increased  or  diminished  during  the  term  for  which  he  shall 
have  been  elected ;  nor  shall  he  receive  to  his  use  any  fees  or 
perquisites  of  office  or  other  compensation.  No  person  shall  be 
elected  to  the  office  of  state  engineer  and  surveyor  who  is  not  a 
practical  civil  engineer. 

§  2.  First  election  of  state  officers. — The  first  election  of  the  sec- 
retary of  state,  comptroller,  treasurer,  attorney-general  and 
state  engineer  and  surveyor,  pursuant  to  this  article  shall  be  held 
in  the  year  one  thousand  eight  hundred  and  ninety-five,  and  their 
terms  of  office  shall  begin  on  the  first  day  of  January  following, 
and  shall  be  for  three  years.  At  the  general  election  in  the  year 
one  thousand  eight  hundred  and  ninety-eight,  and  every  two  years 
thereafter,  their  successors  shall  be  chosen  for  the  term  of  two 

years. 

******* 

§  7.  Treasurer  may  be  suspended  by  the  governor. — The  treas- 
urer may  be  suspended  from  office  by  the  governor,  during  the  re- 


290  Constitution  of  the  State. 

cess  of  the  legislature,  and  until  thirty  days  after  the  commence- 
ment of  the  next  session  of  the  legislature,  whenever  it  shall  ap- 
pear to  him  that  such  treasurer  has,  in  any  particular,  violated  his 
duty.  The  governor  shall  appoint  a  competent  person  to  discharge 
the  duties  of  the  office  during  such  suspension  of  the  treasurer. 


ARTICLE  VI 

Sec.  I.  Supreme  court,  how  constituted;  judicial  disMcts. — ^The 
supreme  court  is  continued  with  general  jurisdiction  in  law  and 
equity,  subject  to  such  appellate  jurisdiction  of  the  court  of  ap- 
peals as  now  is  or  may  be  prescribed  by  law  not  inconsistent  with 
this  article.  The  existing  judicial  districts  of  the  state  are  con- 
tinued until  changed  as  hereinafter  provided.  The  supreme  court 
shall  consist  of  the  justices  now  in  office,  and  of  the  judges  trans- 
ferred thereto  by  the  fifth  section  of  this  article,  all  of  whom  shall 
continue  to  be  justices  of  the  supreme  court  during  their  respec- 
tive terms,  and  of  twelve  additional  justices  who  shall  reside  in  and 
be  chosen  by  the  electors  of,  the  several  existing  judicial  districts, 
three  in  the  first  district,  three  in  the  second,  and  one  in  each  of  the 
other  districts;  and  of  their  successors.  The  successors  of  said 
justices  shall  be  chosen  by  the  electors  of  their  respective  judicial 
districts.  The  legislature  may  alter  the  judicial  districts  once 
after  every  enumeration  under  the  constitution,  of  the  inhabitants 
of  the  state,  and  thereupon  reapportion  the  justices  to  be  thereafter 
elected  in  the  districts  so  altered. 

§  2.  Judicial  departments. — The  legislature  shall  divide  the 
state  into  four  judicial  departments.  The  first  department  shall 
consist  of  the  county  of  New  York;  the  others  shall  be  bounded 
by  county  lines,  and  be  compact  and  equal  in  population  as  nearly 
as  may  be.  Once  every  ten  years  the  Legislature  may  alter  the 
judicial  departments,  but  without  increasing  the  number  thereof. 
******* 

§  4.  Terms  of  office  vacancies,  how  filled. — The  official  terms  of 
the  justices  of  the  supreme  court  shall  be  fourteen  years  from  and 
includmg  the  first  day  of  January  next  after  their  election.  When 
a  vacancy  shall  occur  otherwise  than  by  expiration  of  term  in  the 
office  of  justice  of  the  supreme  court  the  same  shall  be  filled  for 


Constitution  of  the  State.  a^l 

a  full  term,  at  the  next  general  election,  happening  not  less  than 
three  months  after  such  vacancy  occurs ;  and,  until  the  vacancy 
shall  be  so  filled  the  governor  by  and  with  the  advice  and  consent 
of  the  senate,  if  the  senate  shall  be  in  session,  or  if  not  in  session 
the  governor  may  fill  such  vacancy  by  appointment,  which  shall 
continue  until  and  including  the  last  day  of  December  next  after 
the  election  at  which  the  vacancy  shall  be  filled. 


§  7.  Court  of  appeals. — The  court  of  appeals  is  continued.  It 
shall  consist  of  the  chief  judge  and  associate  judges  now  in  office, 
who  shall  hold  their  offices  until  the  expiration  of  their  respective 
terms,  and  their  successors,  who  shall  be  chosen  by  the  electors  of 
the  state.  The  official  terms  of  the  chief  judge  and  associate 
judges  shall  be  fourteen  years  from  and  including  the  first  day  of 
January  next  after  their  election.  Five  members  of  the  court  shall 
form  a  quorum,  and  the  concurrence  of  four  shall  be  necessary  to 
a  decision.  The  court  shall  have  power  to  appoint  and  to  remove 
its  reporter,  clerk  and  attendants.  Whenever  and  as  often  as  a 
majority  of  the  judges  of  the  court  of  appeals  shall  certify  to  the 
governor  that  said  court  is  unable,  by  reason  of  the  accumulation  of 
causes  pending  therein,  to  hear  and  dispose  of  the  same  with  reason- 
able speed,  the  governor  shall  designate  not  more  than  four  justices 
of  the  supreme  court  to  serve  as  associate  julges  of  court  of  appeals. 
The  justices  so  designated  shall  be  relieved  from  their  duties  as 
justices  of  the  supreme  court  and  shall  serve  as  associate  judges  of 
the  court  of  appeals  until  the  causes  undisposed  of  in  said  court  are 
reduced  to  two  hundred,  when  they  shall  return  to  the  supreme 
court.  The  governor  may  designate  justices  of  the  supreme  court 
to  fill  vacancies.  No  justice  shall  serve  as  associate  judge  of  the 
court  of  appeals  except  while  holding  the  office  of  justice  of  the  su- 
preme court,  and  no  more  than  seven  judges  shall  sit  in  any  case. 

§  8.  Vacancies  in  court  of  appeals ;  how  filled. — When  a  va- 
cancy shall  occur  otherwise  than  by  expiration  of  term,  in  the 
office  of  chief  or  associate  judge  of  the  court  of  appeals,  the  same 
shall  be  filled,  for  a  full  term,  at  the  next  general  election  happen- 
ing not  less  than  three  months  after  such  vacancy  occurs ;  and  until 
the  vacancy  shall  be  so  filled,  the  governor,  by  and  with  the  advice, 
and  consent  of  the  senate,  if  the  senate  shall  be  in  session,  or  if 


292  Constitution  of  the  State. 

not  in  session  the  governor  may  fill  such  vacancy  by  appointment. 
If  any  such  appointment  of  chief  judge  shall  be  made  from  among 
the  associate  judges,  a  temporary  appointment  of  associate  judge 
shall  be  made  in  like  manner ;  but  in  such  case  the  person  appointed 
chief  judge  shall  not  be  deemed  to  vacate  his  office  of  associate 
judge  any  longer  than  until  the  expiration  of  his  appointment  as 
chief  judge.  The  powers  and  jurisdiction  of  the  court  shall  not 
be  suspended  for  want  of  appointment  or  election,  when  the  num- 
ber of  judges  is  sufficient  to  constitute  a  quorum.  All  appoint- 
ments under  this  section  shall  continue  until  and  including  the  last 
day  of  December  next  after  the  election  at  which  the  vacancy  shall 
be  filled. 


§  10.  Judges  of  court  of  appeals,  or  justices  of  supreme  court 
to  hold  no  other  office. — The  judges  of  the  court  of  appeals  and 
the  justices  of  the  supreme  court  shall  not  hold  any  other  office 
or  public  trust.  All  votes  for  any  of  them,  for  any  other  than  a 
judicial  office,  given  by  the  legislature  or  the  people,  shall  be  void. 

§11.  Removals  of  judges. — Judges  of  the  court  of  appeals  and 
justices  of  the  supreme  court,  may  be  removed  by  concurrent  reso- 
lution of  both  houses  of  the  legislature,  if  two-thirds  of  all  the 
members  elected  to  each  house  concur  therein.  All  other  judicial 
officers,  except  justices  of  the  peace  and  judges  or  justices  of  in- 
ferior courts  not  of  record,  may  be  removed  by  the  senate,  on  the 
recommendation  of  the  governor,  if  two-thirds  of  all  the  members 
elected  to  the  senate  concur  therein.  But  no  officer  shall  be  re- 
moved by  virtue  of  this  section  except  for  cause,  which  shall  be 
entered  on  the  journals,  nor  unless  he  shall  have  been  served  with 
a  statement  of  the  cause  alleged,  and  shall  have  had  an  opportunity 
to  be  heard.  On  the  question  of  removal,  the  yeas  and  nays  shall 
be  entered  on  the  journal. 

§  12.  Compensation  of  judges  and  justices;  age  restrictions;  as- 
signment by  governor. — The  judges  and  justices  hereinbefore  men- 
tioned shall  receive  for  their  services  a  compensation  established 
by  law,  which  shall  not  be  increased  or  diminished  during  their 
official  terms,  except  as  provided  in  section  five  of  this  article.  No 
person  shall  hold  the  office  of  judge  or  justice  of  any  court  longer 
than  until  and  including  the  last  day  of  December  next  after  he 
Bhall  be  seventy  years  of  age.     No  judge  or  justice  elected  after 


Constitution  of  the  State.  293 

the  first  day  of  January,  one  thousand  eight  hundred  and  ninety- 
four,  shall  be  entitled  to  receive  any  compensation  after  the  last 
day  of  December  next  after  he  shall  be  seventy  years  of  age ;  but 
the  compensation  of  every  judge  of  the  court  of  appeals  or  justice 
of  the  supreme  court  elected  prior  to  the  first  day  of  January,  one 
thousand  eight  hundred  and  ninety-four,  whose  term  of  office  has 
been,  or  whose  present  term  of  office  shall  be,  so  abridged,  and 
who  shall  have  served  as  such  judge  or  justice  ten  years  or  more, 
shall  be  continued  during  the  remainder  of  the  term  for  which  he 
was  elected ;  but  any  such  judge  or  justice  may,  with  his  consent, 
be  assigned  by  the  governor,  from  time  to  time,  to  any  duty  in  the 
supreme  court  while  his  compensation  is  so  continued. 

§  13.  Trial  of  impeachment. — The  assembly  shall  have  the 
power  of  impeachment,  by  a  vote  of  a  majority  of  all  the  members 
elected.  The  court  for  the  trial  of  impeachments  shall  be  com- 
posed of  the  president  of  the  senate,  the  senators,  or  the  major 
part  of  them,  and  the  judges  of  the  court  of  appeals,  or  the  major 
part  of  them.  On  the  trial  of  an  impeachment  against  the  gov- 
ernor or  lieutenant-governor,  the  lieutenant-governor  shall  not  act 
as  a  member  of  the  court.  No  judicial  officer  shall  exercise  his 
office,  after  articles  of  impeachment  against  him  shall  have  been 
preferred  to  the  senate,  until  he  shall  have  been  acquitted.  Before 
the  trial  of  an  impeachment  the  members  of  the  court  shall  take  an 
oath  or  affirmation  truly  and  impartially  to  try  the  impeachment 
according  to  the  evidence,  and  no  person  shall  be  convicted  with- 
out the  concurrence  of  two-thirds  of  the  members  present.  Judg- 
ment in  cases  of  impeachment  shall  not  extend  further  than  to  re- 
moval from  office,  or  removal  from  office  and  disqualification  to 
hold  and  enjoy  any  office  of  honor,  trust  or  profit  under  this  state,; 
but  the  party  impeached  shall  be  liable  to  indictment  and  punish- 
ment according  to  law. 

§  14.  County  courts. — The  existing  county  courts  are  contin- 
ued, and  the  judges  thereof  now  in  office  shall  hold  their  offices  un- 
til the  expiration  of  their  respective  terms.  In  the  county  of  Kings 
there  shall  be  two  county  judges  and  the  additional  county  judge 
shall  be  chosen  at  the  next  general  election  held  after  the  adoption 
of  this  article.  The  successors  of  the  several  county  judges  shall 
be  chosen  by  the  electors  of  the  counties  for  the  term  of  six  years. 


394  Constitution  of  the  State. 

§  15.  Snrrogate's  conrts:  vacancies  in  office  of  county  judge  or 
lurrogate. — The  existing  surrogates'  courts  are  continued,  and 
the  surrogates  now  in  office  shall  hold  their  offices  until  the  expira- 
tion of  their  terms.  Their  successors  shall  be  chosen  by  the  electors 
of  their  respective  counties,  and  their  terms  of  office  shall  be  six 
years,  except  in  the  county  of  New  York,  where  they  shall  continue 
to  be  fourteen  years.  Surrogates  and  surrogates'  courts  shall  have 
the  jurisdiction  and  powers  which  the  surrogates  and  existing  sur- 
rogates' courts  now  possess,  until  otherwise  provided  by  the  leg- 
islature. The  county  judge  shall  be  surrogate  of  his  county,  ex- 
cept where  a  separate  surrogate  has  been  or  shall  be  elected.  In 
counties  having  a  population  exceeding  forty  thousand,  wherein 
there  is  no  separate  surrogate,  the  legislature  may  provide  for  the 
election  of  a  separate  officer  to  be  surrogate,  whose  term  of  office 
shall  be  six  years.  When  the  surrogate  shall  be  elected  as  a  sep- 
arate officer  his  salary  shall  be  established  by  law,  payable  out  of 
the  county  treasury.  No  county  judge  or  surrogate  shall  hold 
office  longer  than  until  and  including  the  last  day  of  December 
next  after  he  shall  be  seventy  years  of  age.  Vacancies  occurring 
in  the  office  of  county  judge  or  surrogate  shall  be  filled  in  the  same 
manner  as  like  vacancies  occurring  in  the  supreme  court.  The 
compensation  of  any  county  judge  or  surrogate  shall  not  be  in- 
creased or  diminished  during  his  term  of  office.  For  the  relief  of 
surrogates'  courts  the  legislature  may  confer  upon  the  supreme 
court  in  any  county  having  a  population  exceeding  four  hundred 
thousand  the  powers  and  jurisdiction  of  surrogates,  with  authority 
to  try  issues  of  fact  by  jury  in  probate  cases. 

§  16.  Local  judical  officers. — The  legislature  may,  on  applica- 
tion of  the  board  of  supervisors,  provide  for  the  election  of  local 
officers,  not  to  exceed  two  in  any  county,  to  discharge  the  duties 
of  county  judge  and  of  surrogate,  in  cases  of  their  inability  or  of 
a  vacancy,  and  in  such  other  cases  as  may  be  provided  by  law,  and 
to  exercise  such  other  powers  in  special  cases  as  are  or  may  be  pro- 
vided by  law. 

§  17.  Justices  of  the  peace;  district  court  justices. — The  electors 
of  the  several  towns  shall,  at  their  annual  town  meetings,  or  at  such 
other  time  and  in  such  manner  as  the  legislature  may  direct,  elect 
justices  of  the  peace,  whose  term  of  office  shall  be  four  years.  In 
case  of  an  election  to  fill  a  vacancy  occurring  before  the  expiration 


Constitution  of  the  State.  295 

of  a  full  term,  they  shall  hold  for  the  residue  of  the  unexpired  term. 
Their  number  and  classification  may  be  regulated  by  law.  Justices 
of  the  peace  and  judges  or  justices  of  inferior  courts  not  of  rec- 
ord, and  their  clerks,  may  be  removed  for  cause,  after  due  notice 
and  an  opportunity  of  being  heard,  by  such  courts  as  are  or  may 
be  prescribed  by  law.  Justices  of  the  peace  and  district  court  jus- 
tices may  be  elected  in  the  diflferent  cities  of  this  state  in  such  man- 
ner, and  with  such  powers,  and  for  such  terms,  respectively,  as  are 
or  shall  be  prescribed  by  law ;  all  other  judicial  officers  in  cities, 
whose  election  or  appointment  is  not  otherwise  provided  for  in  this 
article,  shall  be  chosen  by  the  electors  of  such  cities,  or  appointed 
by  some  local  authorities  thereof. 

§  18.  Inferior  local  courts. — Inferior  local  courts  of  civil  and 
criminal  jurisdiction  may  be  established  by  the  legislature,  but 
no  inferior  local  court  hereafter  created  shall  be  a  court  of  record. 
The  legislature  shall  not  hereafter  confer  upon  any  inferior  or 
local  court  of  its  creation,  any  equity  jurisdiction  or  any  greater 
jurisdiction  in  other  respects  than  is  conferred  upon  county  courts 
by  or  under  this  article.  Except  as  herein  otherwise  provided,  all 
judicial  officers  shall  be  elected  or  appointed  at  such  times  and  in 
such  manner  as  the  legislature  may  direct. 


§  22.  Local  judical  officers — Terms  of  incumbent. — Justices  of 
the  peace  and  other  local  judicial  officers  provided  for  in  sections 
seventeen  and  eighteen  in  office  when  this  article  takes  effect,  shall 
hold  their  offices  until  the  expiration  of  their  respective  terms. 

ARTICLE  VII 

§  4.  Limitation  of  le^slative  power  in  the  creation  of  debts. — 
Except  the  debts  specified  in  sections  two  and  three  of  this  article, 
no  debts  shall  be  hereafter  contracted  by  or  on  behalf  of  this  State, 
unless  such  debt  shall  be  authorized  by  a  law,  for  some  single  work 
or  object,  to  be  distinctly  specified  therein ;  and  such  law  shall  im- 
pose and  provide  for  the  collection  of  a  direct  annual  tax  to  pay, 
and  sufficient  to  pay,  the  interest  on  such  debt  as  it  falls  due,  and 
also  to  pay  and  discharge  the  principal  of  such  debt  within  eigh- 
teen years  from  the  time  of  the  contracting  thereof.    No  such  law 


296  Constitution  of  the  State. 

shall  take  effect  until  it  shall,  at  a  general  election,  have  been  sub- 
mitted  to  the  people,  and  have  received  a  majority  of  all  the  votes- 
cast  for  and  against  it  at  such  election.  On  the  final  passage  of 
sucii  bill  in  either  house  of  the  legislature,  the  question  shall  be 
taken  by  ayes  and  noes,  to  be  duly  entered  on  the  journals  thereof, 
and  shall  be :  "  Shall  this  bill  pass,  and  ought  the  same  to  receive 
the  sanction  of  the  people?  " 

The  legislature  may  at  any  time,  after  the  approval  of  such  law 
by  the  people,  if  no  debt  shall  have  been  contracted  in  pursuance 
thereof,  repeal  the  same ;  and  may  at  any  time,  by  law,  forbid  the 
contracting  of  any  further  debt  or  liability  under  such  law;  but 
the  tax  imposed  by  such  act,  in  proportion  to  the  debt  and  liability 
which  may  have  been  contracted,  in  pursuance  of  such  law,  shall  re- 
main in  force  and  be  irrepealable,  and  be  annually  collected,  until 
the  proceeds  thereof  shall  have  made  the  provision  hereinbefore 
specified  to  pay  and  discharge  the  interest  and  principal  of  such 
debt  and  liability.  The  money  arising  from  any  loan  or  stock 
creating  such  debt  or  liability  shall  be  applied  to  the  work  or  ob» 
ject  specified  in  the  act  authorizing  such  debt  or  liability,  or  for  the 
repayment  of  such  debt  or  liability,  and  for  no  other  purpose  what- 
ever. No  such  law.  shall  be  submitted  to  be  voted  on,  within  three 
months  after  its  passage,  or  at  any  general  election  when  any  other 
law,  or  any  bill,  or  any  amendment  to  the  constitution,  shall  be 
submitted  to  be  voted  for  or  against. 

ARTICLE  X 

Sec.  I.  Sheriffs,  clerks  of  connties,  district  attorneys,  and  reg- 
isters, governor  may  remove. — Sheriffs,  clerks  of  counties,  district 
attorneys,  and  registers  in  counties  having  registers,  shall  be 
chosen  by  the  electors  of  the  respective  counties,  once  in  every  three 
years  and  as  often  as  vacancies  shall  happen,  except  in  the  counties 
of  New  York  and  Kings,  and  in  counties  whose  boundaries  are  the 
same  as  those  of  a  city,  where  such  officers  shall  be  chosen  by  the 
electors  once  in  every  two  or  four  years  as  the  legislature  shall 
direct.  Sheriffs  shall  hold  no  other  office,  and  be  ineligible  for  the 
next  term  after  the  termination  of  their  offices.  They  may  be  re- 
quired by  law  to  renew  their  security,  from  time  to  time;  and  in 
default  of  giving  such  new  security,  their  offices  shall  be  deemed 


Constitution  of  the  State.  297 

vacant.  But  the  county  shall  never  be  made  responsible  for  the 
acts  of  the  sheriff.  The  governor  may  remove  any  officer,  in  this 
section  mentioned,  within  the  term  for  which  he  shall  have  been 
elected ;  giving  to  such  officer  a  copy  of  the  charges  against  him, 
and  an  opportunity  of  being  heard  in  his  defense. 

§  2.  Appointment  or  election  of  officers  not  provided  for  by  this 
constitution. — All  county  officers,  whose  election  or  appointment 
is  not  provided  for  by  this  Constitution,  shall  be  elected  by  the 
electors  of  the  respective  counties  or  appointed  by  the  boards  of 
supervisors,  or  other  county  authorities,  as  the  legislature  shall 
direct.  All  city,  town  and  village  officers,  whose  election  or  ap- 
pointment is  not  provided  for  by  this  Constitution,  shall  be  elected 
by  the  electors  of  such  cities,  towns  and  villages,  or  of  some  divi- 
sion thereof,  or  appointed  by  such  authorities  thereof,  as  the  legis- 
lature shall  designate  for  that  purpose.  All  other  officers,  whose 
election  or  appointment  is  not  provided  for  by  this  Constitution, 
and  all  officers,  whose  offices  may  hereafter  be  created  by  law,  shall 
be  elected  by  the  people,  or  appointed,  as  the  legislature  may  direct. 

§  3.  Duration  of  office. — When  the  duration  of  any  office  is  not 
provided  by  this  Constitution,  it  may  be  declared  by  law,  and  if  not 
so  declared,  such  office  shall  be  held  during  the  pleasure  of  the 
authority  making  the  appointment. 

§  4.  Time  of  election. — The  time  of  electing  all  officers  named  in 
this  article  shall  be  prescribed  by  law. 

§  5.  Vacancies  in  office. — The  legislature  shall  provide  for  filing 
vacancies  in  office,  and  in  case  of  elective  officers,  no  person  ap- 
pointed to  fill  a  vacancy  shall  hold  his  office  by  virtue  of  such  ap- 
pointment longer  than  the  commencement  of  the  political  year  next 
succeeding  the  first  annual  election  after  the  happening  of  the 
vacancy. 

§  6.  Political  year. — The  political  year  and  legislative  term  shall 
begin  on  the  first  day  of  January ;  and  the  legislature  shall,  every 
year,  assemble  on  the  first  Wednesday  in  January. 

§  7.  Removals  from  office. — Provisions  shall  be  made  by  law  for 
the  removal  for  misconduct  or  malversation  in  office  of  all  officers, 
except  judicial,  whose  powers  and  duties  are  not  local  or  legisla- 
tive and  who  shall  be  elected  at  general  elections,  and  also  for  sup- 
plying vacancies  created  by  such  removal. 

§  8.  When  office  deemed  vacant. — The  legislature  may  declare 


298  Constitution  of  the  State. 

the  cases  in  which  any  office  shall  be  deemed  vacant  when  no  provi- 
sion is  made  for  that  purpose  in  this  Constitution. 

4c  ♦  4(  3t(  *  >K  ♦ 

ARTICLE  XIL 

§3.  Election  of  city  officers  when  to  be  held;  extension  and 
abridgment  of  terms. — All  elections  of  city  officers,  including  super- 
visors and  judicial  officers  of  inferior  local  courts,  elected  in  any  city 
or  part  of  a  city,  and  of  county  officers  elected  in  the  counties  of 
New  York  and  Kings,  and  in  all  counties  whose  boundaries  are  the 
same  as  those  of  a  city,  except  to  fill  vacancies,  shall  be  held  on  the 
Tuesday  succeeding  the  first  Monday  in  November  in  an  odd-num- 
bered year,  and  the  term  of  every  such  officer  shall  expire  at  the 
end  of  an  odd  numbered  year.  The  terms  of  office  of  all  such 
officers  elected  before  the  first  day  of  January,  one  thousand  eight 
hundred  and  ninety-five  whose  successors  have  not  then  been 
elected,  which  under  existing  laws  would  expire  with  an  even  num- 
bered year,  or  in  an  odd-numbered  year  and  before  the  end  thereof 
are  extended  to  and  including  the  last  day  of  December  next  fol- 
lowing the  time  when  such  terms  would  otherwise  expire;  the 
terms  of  office  of  all  such  officers,  which  under  existing  laws  would 
expire  in  an  even-numbered  year,  and  before  the  end  thereof,  are 
abridged  so  as  to  expire  at  the  end  of  the  preceding  year.  This 
section  shall  not  apply  to  any  city  of  the  third  class,  or  to  elections 
of  any  judicial  officer,  except  judges  and  justices  of  inferior  local 
courts. 

ARTICLE  XIII. 

Sec.  I.  Oath  of  office. — Members  of  the  legislature,  and  all  offi- 
cers, executive  and  judicial,  except  such  inferior  officers  as  shall 
be  by  law  exempted  shall,  before  they  enter  on  the  duties  of  their  re- 
spective offices,  take  and  subscribe  the  following  oath  or  affirma- 
tion:  "  I  do  solemnly  swear  (or  affirm)  that  I  will  support  the 
Constitution  of  the  United  States,  and  the  Constitution  of  the  state 
of  New  York,  and  that  I  will  faithfully  discharge  the  duties  of  the 

office  of ,  according  to  the  best  of  my  ability ;  "  and  all  such 

officers  who  shall  have  been  chosen  at  any  election  shall,  before  they 
enter  on  the  duties  of  their  respective  offices,  take  and  subscribe  the 


Constitution  of  the  State.  299 

oath  or  affirmation  above  prescribed,  together  with  the  following 
addition  thereto,  as  part  thereof : 

"  And  I  do  further  solemnly  swear  (or  affirm)  that  I  have  not  di- 
rectly or  indirectly  paid,  offered  or  promised  to  pay,  contributed, 
or  offered  or  promised  to  contribute  any  money  or  other  valuable 
thing  as  a  consideration  or  reward  for  the  giving  or  withholding  a 
vote  at  the  election  at  which  I  was  elected  to  said  office  and  have 
not  made  any  promise  to  influence  the  giving  or  withholding  any 
such  vote,"  and  no  other  oath,  declaration  or  test  shall  be  required 
as  a  qualification  for  any  office  of  public  trust. 

§  2.  Official  bribery  and  cormption. — Any  person  holding  office 
under  the  laws  of  this  state,  who,  except  in  payment  of  his  legal 
salary,  fees  or  perquisites,  shall  receive  or  consent  to  receive,  di- 
rectly or  indirectly,  any  thing  of  value  or  of  personal  advantage, 
or  the  promise  thereof,  for  performing  or  omitting  to  perform 
any  official  act,  or  with  the  express  or  implied  understanding  that 
his  official  action  or  omission  to  act  is  to  be  in  any  degree  influenced 
thereby,  shall  be  deemed  guilty  of  a  felony.  This  section  shall  not 
affect  the  validity  of  any  existing  statute  in  relation  to  the  offense 
of  bribery. 

§  3.  Offer  or  promise  to  bribe. — Any  person  who  shall  offer  or 
promise  a  bribe  to  an  officer,  if  it  shall  be  received,  shall  be  deemed 
guilty  of  a  felony  and  liable  to  punishment,  except  as  herein  pro- 
vided. No  person  offering  a  bribe  shall,  upon  any  prosecution  of 
the  officer  for  receiving  such  bribe,  be  privileged  from  testifying  in 
relation  thereto,  and  he  shall  not  be  liable  to  civil  or  criminal  prose- 
cution therefor,  if  he  shall  testify  to  the  giving  or  offering  of 
such  bribe.  Any  person  who  shall  offer  or  promise  a  bribe,  if  it 
be  rejected  by  the  officer  to  whom  it  was  tendered,  shall  be  deemed 
guilty  of  an  attempt  to  bribe,  which  is  hereby  declared  to  be  a  fel- 
ony. 

§  4.  Witness,  person  bribed  or  offering  a  bribe  may  be. — Any 
person  charged  with  receiving  a  bribe,  or  with  offering  or  prom- 
ising a  bribe,  shall  be  permitted  to  testify  in  his  own  behalf  in  any 
civil  or  criminal  prosecution  therefor. 


§  6.  Removal  of  district  attorney  for  failure  to  prosecute,  etc. — 
Any  district  attorney  who  shall  fail  faithfully  to  prosecute  a  person 


300  Constitution  of  the  State. 

charged  with  the  violation  in  his  county  of  any  provision  of  this 
article  which  may  come  to  his  knowledge,  shall  be  removed  from 
office  by  the  governor,  after  due  notice  and  an  opportunity  of  being 
heard  in  his  defense.  The  expenses  which  shall  be  incurred  by  any 
county,  in  investigating  and  prosecuting  any  charge  of  bribery  or 
attempting  to  bribe  any  person  holding  office  under  the  laws  of  this 
state,  within  such  county,  or  of  receiving  bribes  by  any  such  per- 
son in  said  county,  shall  be  a  charge  against  the  state,  and  their 
payment  by  the  state  shall  be  provided  for  by  law. 

ARTICLE  XIV. 

Sec.  I.  Amendments. — Any  amendment  or  amendments  to 
this  Constitution  may  be  proposed  in  the  senate  and  assembly; 
and  if  the  same  shall  be  agreed  to  by  a  majority  of  the  members 
elected  to  each  of  the  two  houses,  such  proposed  amendment  or 
amendments  shall  be  entered  on  their  journals,  and  the  yeas  and 
nays  taken  thereon,  and  referred  to  the  legislature  to  be  chosen 
at  the  next  general  election  of  senators,  and  shall  be  published  for 
three  months  previous  to  the  time  of  making  such  choice;  and  if 
in  the  legislature  so  next  chosen,  as  aforesaid,  such  proposed 
amendment  or  amendments  shall  be  agreed  to  by  a  majority  of  all 
the  members  elected  to  each  house,  then  it  shall  be  the  duty  of  the 
legislature  to  submit  each  proposed  amendment  or  amendments 
to  the  people  for  approval  in  such  manner  and  at  such  times  as 
the  legislature  shall  prescribe ;  and  if  the  people  shall  approve  and 
ratify  such  amendment  or  amendments  by  a  majority  of  the  elec- 
tors voting  thereon,  such  amendment  or  amendments  shall  become 
a  part  of  the  Constitution  from  and  after  the  first  day  of  January 
next  after  such  approval. 

§  2.  Constitutional  convention. — At  the  general  election  to  be 
held  in  the  year  one  thousand  nine  hundred  and  sixteen,  and  every 
twentieth  year  thereafter,  and  also  at  such  times  as  the  legislature 
may  by  law  provide,  the  question :  "  Shall  there  be  a  convention 
to  revise  the  Constitution  and  amend  the  same?  "  shall  be  decided 
l)y  the  electors  of  the  state ;  and  in  case  a  majority  of  the  electors 
voting  thereon  shall  decide  in  favor  of  a  convention  for  such  pur- 
pose, the  electors  of  every  senate  district  of  the  state,  as  then  or- 
ganized, shall  elect  three  delegates  at  the  next  ensuing  general  elec- 
tion at  which  members  of  the  assembly  shall  be  chosen,  and   the 


Constitution  of  the  State.  301 

electors  of  the  state  voting  at  the  same  election  shall  elect  fifteen 
delegates-at-large.  The  delegates  so  elected  shall  convene  at  the 
capitol  on  the  first  Tuesday  of  April  next  ensuing  after  their  elec- 
tion, and  shall  continue  their  session  until  the  business  of  such  con- 
vention shall  have  been  completed.  Every  delegate  shall  receive 
for  his  services  the  same  compensation  and  the  same  mileage  as  shall 
then  be  annually  payable  to  the  members  of  the  assembly.  A  ma- 
jority of  the  convention  shall  constitute  a  quorum  for  the  transac- 
tion of  business,  and  no  amendment  to  the  Constitution  shall  be 
submitted  for  approval  to  the  electors  as  hereinafter  provided,  unless 
by  the  assent  of  a  majority  of  all  the  delegates  elected  to  the  conven- 
tion, the  yeas  and  nays  being  entered  on  the  journal  to  be  kept.  The 
convention  shall  have  the  power  to  appoint  such  officers,  employes 
and  assistants  as  it  may  deem  necessary,  and  fix  tlieir  compensation 
and  to  provide  for  the  printing  of  its  documents,  journal  and  pro- 
ceedings. The  convention  shall  determine  the  rules  of  its  own  pro- 
ceedings, choose  its  own  officers,  and  be  the  judge  of  the  election, 
returns  and  qualifications  of  its  members.  In  case  of  a  vacancy, 
by  death,  resignation  or  other  cause,  of  any  district  delegate  elected 
to  the  convention,  such  vacancy  shall  be  filled  by  a  vote  of  the  re- 
maining delegates  representing  the  district  in  which  such  vacancy 
occurs.  If  such  vacancy  occurs  in  the  office  of  a  delegate-at-large, 
such  vacancy  shall  be  filled  by  a  vote  of  the  remaining  delegates-at- 
large.  Any  proposed  constitution  or  constitutional  amendment 
which  shall  have  been  adopted  by  such  convention,  shall  be  sub- 
mitted to  a  vote  of  the  electors  of  the  state  at  the  time  and  in  the 
manner  provided  by  such  convention,  at  an  election  which  shall  be 
held  not  less  than  six  weeks  after  the  adjournment  of  such  conven- 
tion. Upon  the  approval  of  such  constitution  or  constitutional 
amendments,  in  the  manner  provided  in  the  last  preceding  section, 
such  constitution  or  constitutional  amendment,  shall  go  into  effect 
on  the  first  day  of  January  next  after  such  approval. 

§  3.  Constitutional  amendments  to  supersede  amendments  by 
legislature. — Any  amendment  proposed  by  a  constitutional 
convention  relating  to  the  same  subject  as  an  amendment 
proposed  by  the  legislature,  coincidently  submitted  to  the  people 
for  approval  at  the  general  election  held  in  the  year  one  thousand 
eight  hundred  and  ninety-four,  or  at  any  subsequent  election,  shall, 
if  approved,  be  deemed  to  supersede  the  amendment  so  proposed  by 
the  legislature. 


state  and  County  Officers. 


GENERAL  PROVISIONS  CONCERNING. 

I  Qualifications  and  disabilities. 
II  Oath  of  office  and  official  bonds. 

III  Election  and  terms  of  office. 

IV  Resignations,  vacancies  and  removals. 

I. 

QUALIFICATIONS    AND    DISABILITIES. 

Qualifications  for  holding  office. — "  No  person  shall  be  capable 
of  holding  a  civil  office  who  shall  not,  at  the  time  he  shall  be  chosen 
thereto,  be  of  full  age,  a  citizen  of  the  United  States,  a  resident  of 
the  state,  and  if  it  be  a  local  office,  a  resident  of  the  political  subdi- 
vision or  municipal  corporation  of  the  state  for  which  he  shall  be 
chosen,  or  within  which  the  electors  electing  him  reside,  or  within 
which  his  official  functions  are  required  to  be  exercised."  (§3, 
Public  Officers  Law,  chap.  681,  Lazvs  1892.) 

Governor  and  lieutenant-governor,  who  eligible  as. — "  No  per- 
son shall  be  eligible  to  the  office  of  governor  or  lieutenant-governor, 
except  a  citizen  of  the  United  States,  of  the  age  of  not  less  than 
thirty  years,  and  who  shall  have  been  five  years  next  preceding  his 
election  a  resident  of  this  state."  (§2,  art.  4,  State  Constitution, 
as  amended  in  1874.) 

Judges  not  to  hold  other  offices. — "  The  judges  of  the  court  of  ap- 
peals and  justices  of  the  supreme  court  shall  not  hold  any  other 
office  or  public  trust.  All  votes  for  any  of  them  for  any  other  than 
a  judicial  office,  given  by  the  legislature  or  the  people,  shall  be 
void."     (§  io,ar^  6,  State  Constitution.) 

Judges  must  be  attorneys  and  counselors. — No  one  shall  be  eli- 
gible to  the  office  of  judge  of  the  court  of  appeals,  justice  of  the  su- 


State  and  County  Officers,  303 

preme  court,  or,  except  in  the  county  of  Hamilton,  to  the  office  of 
county  judge  or  surrogate,  who  is  not  an  attorney  and  counselor 
of  this  state."     (§  20,  art.  6,  State  Constitution.) 

Judges  not  to  practice  as  attorney  or  counselor  or  act  as  referee. 
(See  art.  6,  §  20,  State  Constitution.) 

Judges  to  make  and  file  certificate  of  age,  and  when  their  term 
of  office  expires. — "  A  judge  of  a  court  of  record  must  within  ten 
days  after  he  enters  on  the  duties  of  his  office,  make  and  sign  a  cer- 
tificate, stating  his  age,  and  the  time  when  his  official  term  will  ex- 
pire, either  by  completion  of  a  full  term  or  by  reason  of  the  dis- 
ability of  age  prescribed  in  the  constitution.  The  certificate  must 
be  filed  in  the  office  of  the  secretary  of  state,  who  must  keep  a  rec- 
ord of  the  time  of  the  commencement  and  termination  of  the  official 
term  of  each  judge  of  a  court  of  record."  (§  54,  Code  of  Civil  Pro- 
cedure. ) 

Members  of  legislature,  who  eligible. — "  No  person  shall  be  eli- 
gible to  the  legislature  who,  at  the  time  of  his  election  is,  or  within 
one  hundred  days  previous  thereto  has  been,  a  member  of  congress, 
a  civil  or  military  officer  under  the  United  States,  or  an  officer  under 
any  city  government ;  and  if  ariy  person  shall,  after  his  election  as  a 
member  of  the  legislature,  be  elected  to  congress,  or  appointed  to 
any  office,  civil  or  military,  under  the  government  of  the  United 
States,  or  under  any  city  government,  his  acceptance  thereof  shall 
vacate  his  seat."     (§8,  art.  3,  State  Constitution,  as  amended  in 

1874-) 
Members  of  legislature,  not  to  receive  civil  appointment. — "  No 

member  of  the  legislature  shall  receive  any  civil  appointment  within 
this  state,  or  the  senate  of  the  United  States,  from  the  governor. 
The  governor  and  senate,  or  from  the  legislature,  or  from  any  city 
government,  during  the  time  for  which  he  shall  have  been  elected ; 
and  all  such  appointments  and  all  votes  given  for  any  such  member 
for  any  such  office  or  appointment  shall  be  void."  (§7,  art.  3, 
State  Constitution.) 

Representatives  in  Congress,  qualifications  of. — "  No  person 
shall  be  a  representative  who  shall  not  have  attained  to  the  age  of 
twenty-five  years  and  been  seven  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that 
state  in  which  he  shall  be  chosen."  (§2,  art.  1,  U.  S.  Constitu- 
tion. ) 


304  State  and  County  Officers. 

"United  States  senator,  qualifications. — "  No  person  shall  be  a 
senator  who  shall  not  have  attained  the  age  of  thirty  years,  and 
been  nine  years  a  citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  inhabitant  of  that  state  for  which  he  shall  be 
chosen."     (§  3,  art.  i,  U.  S.  Constitution.) 

United  States  senators,  representatives  in  congress,  electors  of 
president  and  vice-president,  disqualifications. — "  No  person 
shall  be  a  senator  or  representative  in  congress,  or  elector  of  pres- 
ident and  vice-president,  or  hold  any  office,  civil  or  military,  un- 
der the  United  States,  or  under  any  state,  who,  having  previously 
taken  an  oath  as  a  member  of  congress,  or  as  an  officer  of  the  United 
States,  or  as  a  member  of  any  state  legislature,  or  as  an  executive 
or  judicial  officer  of  any  state,  to  support  the  constitution  of  the 
United  States,  shall  have  engaged  in  insurrection  or  rebellion 
against  the  same,  or  given  aid,  or  comfort  to  the  enemies  thereof. 
But  congress  may,  by  a  vote  of  two-thirds  of  each  house,  remove 
such  disability."     (§  3,  art.  14,  U.  S.  Constitution.) 

State  engineer  and  suveyor,  qualifications. — "  No  person  shall  be 
elected  to  the  office  of  state  engineer  and  surveyor  who  is  not  a 
practical  civil  engineer."     (§1,  art.  5,  State  Constitution.) 

Electors  of  president  and  vice-president,  qualifications. — "  No 
senator  or  representative,  or  person  holding  an  office  of  trust  or 
profit  under  the  United  States,  shall  be  appointed  an  elector." 
(§1,  sub.  2,  art.  2,  U.  S.  Constitution.) 

II. 

OATH    OF   OFFICE   AND   OFFICIAL    BOND. 

Official  oath.—"  Every  officer  shall  take  and  file  the  oath  of  office 
required  by  law  before  he  shall  be  entitled  to  enter  upon  the  dis- 
charge of  any  of  his  official  duties.  An  oath  of  office  may  be  admin- 
istered by  any  officer  authorized  to  take,  within  the  state  the  ac- 
knowledgment of  the  execution  of  a  deed  of  real  property,  or  by  an 
officer  in  whose  office  the  oath  is  required  to  be  filed,  or  may  be  ad- 
ministered to  any  member  of  a  body  of  officers,  by  a  presiding  of- 
ficer or  clerk  thereof,  who  shall  have  taken  an  oath  of  office.  The 
oath  of  office  of  a  notary  public  or  commissioner  of  deeds  shall  be 
filed  in  the  office  of  the  clerk  of  the  county  in  which  he  shall  reside. 


State  and  County  Officers.  305 

The  oath  of  office  of  every  state  officer  shall  be  filed  in  the  office  of 
the  secretary  of  state ;  of  every  officer  of  a  municipal  corporation, 
with  the  clerk  thereof ;  and  of  every  other  officer,  in  the  office  of 
the  clerk  of  the  county  in  which  he  shall  reside,  if  no  place  be  other- 
wise provided  by  law  for  the  filing  thereof."  (§  10,  Pub.  Oncers' 
Law,  chap.  681  of  1892,  as  amended  by  chap.  318  of  1893.) 

Form  of  official  oaths. — "  Members  of  the  legislature,  and  all  of- 
ficers, executive  and  judicial,  except  such  inferior  officers  as  shall  be 
by  law  exempted  shall,  before  they  enter  on  the  duties  of  their  re- 
spective offices,  take  and  subscribe  the  following  oath  or  affirmation : 
*  I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Constitu- 
tion of  the  United  States,  and  the  onstitution  of  the  state  of  New 
York,  and  that  I  will  faithfully  discharge  the  duties  of  the  office  of 

,  according  to  the  best  of  my  ability ; '  and  all  such  officers 

who  shall  have  been  chosen  at  any  election  shall,  before  they  enter 
on  the  duties  of  their  respective  offices,  take  and  subscribe  the  oath 
or  affirmation  above  prescribed,  together  with  the  following  addi- 
tion thereto,  as  part  thereof : 

"  '  And  I  do  further  solemnly  swear  (or  affirm)  that  I  have  not 
directly  or  indirectly  paid,  offered  or  promised  to  pay,  contribute, or 
offered  or  promised  to  contribute  any  money  or  other  valuable 
thing  as  a  consideration  or  reward  for  the  giving  or  withholding 
a  vote  at  the  election  at  which  I  was  elected  to  said  office,  and  have 
not  made  any  promise  to  influence  the  giving  or  withholding  any 
such  vote,'  and  no  other  oath,  declaration  or  test  shall  be  required 
as  a  qualification  for  any  office  of  public  trust."  (§1,  art.  13,  State 
Constitution.) 

Failure  to  file  oath  creates  vacancy.  (See  §  20,  Pub.  Off  Law, 
chap.  681.  L.  1892.) 

Official  undertaking's. — "  Every  official  undertaking,  when  re- 
quired by  or  in  pursuance  of  law  to  be  hereafter  executed  or  filed 
by  any  officer,  shaU  be  to  the  effect  that  he  will  faithfully  discharge 
the  duties  of  his  office  and  promptly  account  for  and  pay  over  all 
moneys  or  property  received  by  him  as  such  officer,  in  accordance 
with  law,  or  in  default  thereof,  that  the  parties  executing  such  un- 
dertaking will  pay  all  damages,  costs  and  expenses  resulting  from 
such  default,  not  exceeding  a  sum,  if  any,  specified  in  such  under- 
taking. The  undertaking  of  a  state  officer  shnP  l^e  aDnroved  by  the 
comptroller  both  as  to  its  form  and  as  to  the  sufficiency  of  the  sure- 


3o6  State  and  County  Officers. 

ties,  and  be  filed  in  the  comptroller's  office.  The  undertaking  of  a 
municipal  officer  shall,  if  not  otherwise  provided  by  law,  be  approved 
as  to  its  form  and  the  sufficiency  of  the  sureties  by  the  chief  execu- 
tive officer  or  by  the  governing  body  of  the  municipality  and  be  filed 
with  the  clerk  thereof.  The  approval  by  such  governing  body  may 
be  by  resolution,  a  certified  copy  of  which  shall  be  attached  to  the 
undertaking.  The  sum  specified  in  an  official  undertaking  shall  be 
the  sum  for  which  such  undertaking  shall  be  required  by  or  in 
pursuance  of  law  to  be  given.  If  no  sum,  or  a  different  sum  from 
that  required  by  or  in  pursuance  of  law,  be  specified  in  the  under- 
taking, it  shall  be  deemed  to  be  an  undertaking  for  the  amount  so 
required.  If  no  sum  be  required  by  or  in  pursuance  of  law  to  be 
so  specified,  and  a  sum  be  specified  in  the  undertaking,  the  sum  so 
specified  shall  not  limit  the  liabilities  of  the  sureties  therein.  Every 
official  undertaking  shall  be  executed  and  duly  acknowledged  by  at 
least  two  sureties,  each  of  whom  shall  add  thereto  his  affidavit  that 
he  is  a  freeholder  or  householder  within  the  state,  stating  his  occu- 
pation and  residence  and  the  street  number  of  his  residence  and 
place  of  business  if  in  a  city,  and  a  sum  which  he  is  worth  over  and 
above  his  just  debts  and  liabilities  and  property  exempt  from  execu- 
tion. The  aggregate  of  the  sums  so  stated  in  such  affidavits  must 
be  at  least  double  the  amount  specified  in  the  undertaking.  The 
failure  to  execute  and*  official  undertaking  in  the  form  or  by  the 
number  of  sureties  required  by  or  in  pursuance  of  law,  or  of  a 
surety  thereto  to  make  an  affidavit  required  by  or  in  pursuance  of 
law,  or  in  the  form  so  required,  or  the  omission  from  such  an  un- 
dertaking of  the  approval  required  by  or  in  pursuance  of  law,  shall 
not  affect  the  liability  of  the  sureties  therein."  (§  ii.  Pub.  Officers' 
Lazv,  chap.  68 1,  Laws  1892.) 

Force  and  effect  of  official  undertaking. — "  An  officer  of  whom 
an  official  undertaking  is  required,  shall  not  receive  any  money  or 
property  as  such  officer,  or  do  any  act  affecting  the  disposition  of 
any  money  or  property  which  such  officer  is  entitled  to  receive  or 
have  the  custody  of,  before  he  shall  have  filed  such  undertaking; 
and  any  person  having  the  custody  or  control  of  any  such  money 
or  property  shall  not  deliver  the  same  to  any  officer  of  whom 
an  undertaking  is  required  until  such  undertaking  shall  have  been 
given.  If  a  public  officer  required  to  give  an  official  undertaking, 
*  So  in  the  original. 


State  and  County  Officers.  307 

enters  upon  the  dicharge  of  any  of  his  official  duties  before  giving 
such  undertaking,  the  sureties  upon  his  undertaking  subsequently 
given  for  or  during  his  official  term  shall  be  liable  for  all  his  acts 
or  defaults  done  or  suffered  and  for  all  moneys  and  property  re- 
ceived during  such  term  prior  to  the  execution  of  such  undertaking, 
or  if  a  new  undertaking  is  given,  from  the  time  notice  to  give  such 
new  undertaking  is  served  upon  him.  Every  official  undertaking 
shall  be  obligatory  and  in  force  so  long  as  the  officer  shall  continue 
to  act  as  such  and  until  his  successor  shall  be  appointed  and  duly 
qualified,  and  until  the  conditions  of  the  undertaking  shall  have  been 
fully  performed.  When  an  official  undertaking  is  renewed  pursu- 
ant to  law,  the  sureties  upon  the  former  undertaking  shall  not  be 
liable  for  any  official  act  done  or  moneys  received  after  the  due  ex- 
ecution, approval  and  filing  of  the  new  undertaking.''  (§  12,  Pub. 
Officers'  Lazv,  chap.  681,  Laws  1892.) 

Notice  of  neglect  to  file  oath  or  undertaking. — "  The  officer  or 
body  making  the  appointment  or  certificate  of  election  of  a  public 
officer  shall,  if  the  officer  be  required  to  give  an  official  undertaking 
to  be  filed  in  an  office  other  than  that  in  which  the  written  ap- 
pointment or  certificate  of  election  is  to  be  filed,  forthwith 
give  written  notice  of  such  appointment  or  election  to  the 
officer  in  whose  office  the  undertaking  is  to  be  filed.  If  any  of- 
ficer shall  neglect,  within  the  time  required  by  law,  to  take  and  file 
an  official  oath,  or  execute  and  file  an  official  undertaking,  the  of- 
ficer, with  whom,  or  in  whose  office  such  oath  or  undertaking  is  re- 
quired to  be  filed,  shall  forthwith  give  notice  of  such  neglect,  if  of 
an  appointive  officer,  to  the  authority  appointing  such  officer;  if 
of  an  elective  officer,  to  the  officer,  board  or  body  authorized  to  fill 
a  vacancy  in  such  office,  if  any,  or  if  none  and  a  vacancy  in  the  of- 
fice may  be  filled  by  a  special  election,  to  the  officer,  board  or  body 
authorized  to  call  or  give  notice  of  a  special  election  to  fill  such  vac- 
ancy ;  except  that  the  notice  of  failure  of  a  justice  of  the  peace  to  file 
his  official  oath,  shall  be  given  to  the  town  clerk  of  the  town  for 
which  the  justice  was  elected."  (§  13,  Pub.  Officers'  Lazv,  chap. 
681  Lazvs  1892.) 

Undertaking  of  sheriff. — "  Every  person  elected  or  appointed  to 
the  office  of  sheriff  shall,  before  he  enters  upon  the  duties  of  his  of- 
fice, and  if  appointed,  within  fifteen  days  after  notice  thereof,  ex- 
ecute and  deliver  to  the  county  clerk  of  his  county,  a  joint  and  sev- 


3o8  State  and  County  Officers. 

eral  undertaking  to  the  county,  approved  by  such  clerk,  to  the  efifect 
that  such  sheriff  will,  in  all  things,  perform  and  execute  the  office 
of  sheriff  of  his  county  during  his  continuance  therein,  without 
fraud  or  deceit.  Such  undertaking  shall  be  filed  in  the  office  of  the 
county  clerk ;  and  the  clerk  shall,  at  the  time  of  his  approval  thereof, 
examine  each  surety  thereto  under  oath ;  and  he  shall  not  approve 
of  such  undertaking,  unless  it  shall  appear  on  such  examination  that 
such  sureties  are  jointly  worth  at  least  fifteen  thousand  dollars  over 
and  above  all  debts  whatever;  which  examination,  subscribed  by  the 
sureties,  shall  be  indorsed  on  or  attached  to  the  undertaking ;  but  the 
clerk  shall  determine  the  sufficiency  of  each  surety.  In  the  same 
manner  the  security  shall  be  renewed  within  the  twenty  days  after 
the  first  Monday  of  January  in  each  year  subsequent  to  that  in 
which  he  shall  have  entered  upon  the  duties  of  his  office."  {See  § 
i8o,  County  Law,  as  amended  by  chap.  334,  Laws  1898.) 

Undertaking  of  county  clerk. — "  Every  person  elected  or  ap- 
pointed to  the  office  of  county  clerk,  shall,  before  he  enters  on  the 
duties  of  his  office,  and  if  appointed,  within  fifteen  days  after  notice 
thereof,  execute  an  undertaking  to  the  county,  with  at  least  twoi 
sureties,  with  the  approval  of  the  board  of  supervisors,  if  in  session, 
indorsed  thereon  by  the  clerk  of  the  board,  otherwise  with  the  ap- 
proval of  the  county  judge,  or  a  justice  of  the  supreme  court  resid- 
ing in  the  county,  to  the  effect  that  he  will  faithfully  execute  and 
discharge  the  duties  of  county  clerk,  and  account  for  all  moneys 
deposited  with  him  pursuant  to  law,  or  the  order  of  any  court,  or 
by  his  predecessor  in  office,  and  pay  them  over  as  required  by  law, 
or  directed  by  such  order."  (See  §  160,  County  Law,  chap.  686, 
Lazi's  1893.) 

Undertaking  of  county  treasurer. — "  Every  person  elected  or 
appointed  to  the  office  of  county  treasures  shall,  before  he  enters 
upon  the  duties  of  his  office,  and  if  appointed  within  fifteen  days 
after  notice  thereof,  give  an  undertaking  to  the  county  with  three 
or  more  sufficient  sureties,  with  the  approval  of  the  board  of  super- 
visors, if  in  session,  indorsed  thereon  by  the  clerk,  otherwise  with 
the  approval  of  the  county  judge  and  county  clerk,  and  in  such  sum 
as  such  board  or  judge  and  clerk  approving  the  same  shall  direct,  to 
the  effect  that  such  person  shall  faithfully  execute  the  duties  of  his 
office,  and  shall  pay  over  according  to  law,  and  account  for  all 
moneys,  property  and  securities,  which  shall  come  to  his  hands  as 


State  and  County  Officers.  309 

treasurer  and  render  a  just  and  true  account  thereof  to  the  board  of 
supervisors,  when  required ;  and  obey  all  orders  and  directions  with 
a  competent  court  relating  thereto.  When,  in  the  opinion  of  the 
board  of  supervisors,  the  moneys  intrusted  to  such  person  as  treas- 
urer shall  be  unsafe,  or  the  surety  insufficient,  such  board  may  re- 
quire from  such  treasurer  a  new  or  further  undertaking,  to  the  same 
effect  as  at  first,  and  with  like  sureties ;  and  if  such  county  treas- 
urer shall  fail  to  renew  such  undertaking  as  required  within  twenty 
days  after  he  shall  be  notified  by  such  board  of  such  request,  such 
omission  shall  work  a  forfeiture  of  his  office,  and  the  same  shall 
become  vacant.  Such  undertaking,  with  the  approval  indorsed 
thereon  shall  be  filed  in  the  office  of  the  county  clerk.  The  sureties, 
and  county  therein  named,  shall  be  liable  to  the  state  for  the  pay- 
ment to  the  state  treasurer  according  to  law,  of  all  moneys  belonging 
to  the  state,  which  shall  come  into  his  hands  as  county  treasurer; 
and  for  the  rendering  of  a  just  and  true  account  thereof  to  the  state 
comptroller."  (See  §  140,  County  Law,  as  amended  by  chap.  222, 
Laws  1893.) 

Undertaking  of  district  attorney. — "  Except  in  the  county  of 
Kings,  every  person  elected  or  appointed  to  the  office  of  district 
attorney,  shall,  before  he  enters  upon  the  duties  of  his  office,  and 
if  appointed,  within  fifteen  days  after  notice  thereof,  execute  and 
deliver  to  the  county  clerk  of  his  county,  a  joint  and  several  under- 
taking to  the  county,,  approved  by  the  county  judge,  with  two  or 
more  sufficient  sureties,  being  resident  freeholders,  to  the  effect,  that 
he  will  faithfully  account  for  and  pay  over  according  to  law,  or  as 
the  court  may  direct,  all  moneys  that  may  come  into  his  hands  as 
such  district  attorney."  (See  §  200,  County  Law,  chap.  686,  Lazvs 
1892.) 

Undertaking  of  superintendent  of  poor. — "  Every  person  elected 
or  appointed  to  the  office  of  superintendent  of  the  poor  shall,  before 
he  enters  upon  the  duties  of  his  office,  and  if  appointed,  within  fif- 
teen days  after  notice  thereof,  execute  and  deliver  to  the  clerk  of 
the  county,  to  be  filed  in  his  office,  his  undertaking  to  the  county, 
with  two  or  more  sufficient  sureties,  with  the  approval  of  the  board 
of  supervisors,  if  in  session,  indorsed  thereon  by  the  clerk;  other- 
wise by  the  countv  judge  of  his  county,  or  a  justice  of  the  supreme 
court  of  his  judicial  district,  to  the  effect  that  he  will  faithfully  dis- 
charge the  duties  of  his  office  as  such  superintendent  of  the  poor, 


3IO  State  and  County  Officers, 

and  pay  according  to  law  all  moneys  that  shall  come  into  his  hands 
'as  such  superintendent,  and  render  a  just  and  true  account  thereof 
to  the  board  of  supervisors  of  his  county."  {See  §  211,  County 
Law,  chap.  686,  Laws  1892.) 

III. 

ELECTION   AND  TERMS   OF   OFFICE. 

Governor  and  lieutenant-governor,  election  of.   "  The  governor 

and  lieutenant-governor  shall  be  elected  at  the  times  and  places  of 
choosing  members  of  assembly.  The  persons  respectively  having 
the  highest  number  of  votes  for  governor  and  lieutenant-governor 
shall  be  elected ;  but  in  case  two  or  more  shall  have  an  equal  and 
the  highest  number  of  votes  for  governor,  or  for  lieutenant-gov- 
ernor, the  two  houses  of  the  legislature,  at  its  next  annual  session, 
shall,  forthwith,  by  joint  ballot,  choose  one  of  the  said  persons  so 
having  an  equal  and  the  highest  number  of  votes  for  governor  or 
lieutenant-governor."     (§3,  art.  4,  State  Constitution.) 

Terms  of  governor  and  lieutenant-governor. — "  The  executive 
power  shall  be  vested  in  a  governor,  who  shall  hold  his  office  for  two 
years ;  a  lieutenant-governor  shall  be  chosen  at  the  same  time,  and 
for  the  same  term.  The  governor  and  lieutenant-governor  elected 
next  preceding  the  time  when  this  section  shall  take  effect, 
shall  hold  office  until  and  including  the  thirty-first  day  of  December, 
one  thousand  eight  hundred  and  ninety-six,  and  their  successors 
shall  be  chosen  at  the  general  election  in  that  year,"  (§  i,  art.  4, 
State  Constitution.) 

Members  of  legislature,  time  of  electing.  "  The  elections  of  sen- 
ators and  members  of  assembly,  pursuant  to  the  provisions  of  this 
constitution,  shall  be  held  on  the  Tuesday  succeeding  the  first  Mon- 
day of  November  unless  otherwise  directed  by  the  legislature." 
(§9,  art.  3,  State  Constitution.) 

Number  and  terms  of  senators  and  assemblymen. — "The  senate 
shall  consist  of  fifty  members,  except  as  hereinafter  provided.  The 
senators  elected  in  the  year  one  thousand  eight  hundred  and  ninety- 
five  shall  hold  their  offices  for  three  years,  and  their  successors  shall 
be  chosen  for  two  years.  The  assembly  shall  consist  of  one  hundred 
and  fifty  members  who  shall  be  chosen  for  one  year."  (Part  of  §  2, 
art.  3,  of  Revised  Constitution.) 


State  and  County  Officers.  311 

Secretary  of  «tate,  comptroller,  treasurer,  attorney-general  and 
state  engnlneer  and  surveyor,  election  of. — "  The  secretary  of  state, 
comptroller,  treasurer,  attorney-general  and  state  engineer  and  sur- 
veyor shall  be  chosen  at  a  general  election,  at  the  times  and  places 
of  electing  the  governor  and  lieutenant-governor,  and  shall  hold 
their  offices  for  two  years,  except  as  provided  in  section  two  of  this 
article.  Each  of  the  officers  in  this  article  named,  excepting  the 
speaker  of  the  assembly,  shall  at  stated  times  during  his  continuance 
in  office,  receive  for  his  services  a  compensation  which  shall  not  be 
increased  or  diminished  during  the  term  for  which  he  shall  have 
been  elected ;  nor  shall  he  receive  to  his  use  any  fees  or  perquisites 
of  office  or  other  compensation  No  person  shall  be  elected  to  the 
office  of  state  engineer  and  surveyor  who  is  not  a  practical  civil  en- 
gineer."   (§1,  art.  5,  State  Constitution.) 

First  election  and  terms  of  state  officers. — "  The  first  election  of 
the  secretary  of  state,  comptroller,  treasurer,  attorney-general  and 
state  engineer  and  surveyor,  pursuant  to  this  article  shall  be  held 
in  the  year  one  thousand  eight  hundred  and  ninety-five,  and  their 
terms  of  office  shall  begin  on  the  first  day  of  January  following,  and 
shall  be  for  three  years.  At  the  general  election  in  the  year  one 
thousand  eight  hundred  and  ninety-eight,  and  every  two  years 
thereafter  their  successors  shall  be  chosen  for  the  term  of  two 
years."     (§2,  art.  5,  State  Constitution.) 

Judges  of  court  of  appeals,  election  and  term  of  office  of. — "  The 
court  of  appeals  is  continued.  It  shall  consist  of  the  chief  judge 
and  associate  judges  now  in  office,  who  shall  hold  their  offices  until 
the  expiration  of  their  respective  terms,  and  their  successors,  who 
shall  be  chosen  by  the  electors  of  the  state.  The  official  terms  of 
the  chief  judge  and  associate  judges  shall  be  fourteen  years  from 
and  including  the  first  day  of  January  next  after  their  election. 
Five  members  of  the  court  shall  form  a  quorum,  and  the  concur- 
rence of  four  shall  be  necessary  to  a  decision.  The  court  shall  have 
power  to  appoint  and  to  remove  its  reporter,  clerk  and  attendants." 
(§  7,  art.  6,  State  Constitution.) 

Justices  of  supreme  court,  election  and  term  of  office  of. — "  The 
supreme  court  shall  consist  of  the  justices  now  in  office,  and  of  the 
judges  transferred  thereto  by  the  fifth  section  of  this  article,  all  of 
whom  shall  continue  to  be  justices  of  the  supreme  court  during  their 
respective  terms,  and  of  twelve  additional  justices  who  shall  reside 


312  State  and  County  Officers. 

in  and  be  chosen  by  the  electors  of,  the  several  existing  judicial  dis- 
tricts, three  in  the  first  district,  three  in  the  second,  and  one  in  each 
of  the  other  districts;  and  of  their  successors.  The  successors  of 
said  justices  shall  be  chosen  by  the  electors  of  their  respective  judi- 
cial districts.  The  legislature  may  alter  the  judicial  districts  once 
after  every  enumeration  under  the  constitution,  of  the  inhabitants 
of  tlie  state,  and  thereupon  reapportion  the  justices  to  be  thereafter 
elected  in  the  districts  so  altered."  (Part  0/  §  i,  art.  6,  State  Con- 
stitution.) 

Official  terms  of  justices;  vacancies  in  office. — "  The  official  terms 
of  the  justices  of  tlie  supreme  court  shall  be  fourteen  years  from 
and  including  the  first  day  of  January  next  after  their  election." 
(See  §  4,  art.  6,  State  Constitution.) 

United  states  senator,  time  and  manner  of  election. — "  The  legis- 
lature of  each  state  which  is  chosen  next  preceding  the  expiration 
of  the  time  for  which  any  senator  was  elected  to  represent  such  state 
in  congress  shall,  on  the  second  Tuesday  after  the  meeting  and  or- 
ganization thereof,  proceed  to  elect  a  senator  in  congress. 

Such  election  shall  be  conducted  in  the  following  manner :  Each 
house  shall  openly,  by  a  viva-voce  vote  of  each  member  present, 
name  one  person  for  senator  in  congress  from  such  state,  and  the 
name  of  the  person  so  voted  for,  who  receives  a  majority  of  the 
whole  number  of  votes  cast  in  each  house,  shall  be  entered  on  the 
journal  of  that  house  by  the  clerk  or  secretary  thereof ;  or  if  either 
house  fails  to  give  such  majority  to  any  person  on  that  day,  the  fact 
shall  be  entered  on  the  journal.  At  twelve  o'clock  meridian  of  the 
day  following  that  on  which  proceedings  are  required  to  take  place 
as  aforesaid,  the  members  of  the  two  houses  shall  convene  in  joint 
assembly  and  the  journal  of  each  house  shall  then  be  read,  and  if  the 
same  person  has  received  a  majority  of  all  the  votes  in  each  house, 
he  shall  be  declared  duly  elected  senator.  But  if  the  same  person 
has  not  received  a  majority  of  the  votes  in  each  house,  or  if  either 
house  has  failed  to  take  proceedings  as  requird  by  this  section,  the 
joint  assembly  shall  then  proceed  to  choose,  by  a  viva-voce  vote  of 
each  member  present,  a  person  for  senator,  and  the  person  who  re- 
ceives a  majority  of  all  the  votes  of  the  joint  assembly,  a  majority 
of  all  the  members  elected  to  both  houses  being  present  and  voting, 
shall  be  declared  duly  elected.  If  no  person  receives  such  majority 
on  the  first  day,  the  joint  assembly  shall  meet  at  twelve  o'clock  mer- 


State  and  County  Officers.  313 

idian  of  each  succeeding  day  during  the  session  of  the  legislature, 
and  shall  take  at  least  one  vote,  until  a  senator  is  elected."  {See 
§§  14,  15,  1st  U.  S.  Rev.  Stat.) 

United  states  senator,  term  of  oflBice. — "  The  senate  of  the  United 
States  shall  be  composed  of  two  senators  for  each  state,  chosen  by 
the  legislature  thereof,  for  six  years."  (See  §  3,  art.  i,  United 
States  Constitution.) 

Representatives  in  congress,  how  to  be  elected. — "  The  house 
of  representatives  shall  be  composed  of  members  chosen  every 
second  year  by  the  people  of  the  several  states,  and  the  electors  in 
each  state  shall  have  the  qualifications  requisite  for  electors  of  the 
most  numerous  branch  of  the  state  legislature."  (Subd.  i,  §  2, 
art.  I,  U.S.  Constitution.) 

Representatives  in  congress,  when  and  how  chosen. — "  Repre- 
sentatives in  the  house  of  representatives  of  the  congress  of  the 
United  States  shall  be  chosen  in  the  several  congressional  districts 
at  the  general  election  held  therein  in  the  year  1896  and  every 
second  year  thereafter.  If  any  such  representative  shall  resign  he 
shall  forthwith  transmit  a  notice  of  his  resignation  to  the  secretary 
of  state,  and  if  a  vacancy  shall  occur  in  any  such  office  the  clerk  of 
the  county  in  which  such  representative  shall  have  resided  at  the 
time  of  his  election  shall,  without  delay,  transmit  a  notice  thereof  to 
the  secretary  of  state."    (§  190,  Election  Lazv.) 

Election,  appointment  and  term  of  office  of  county  judge,  sur- 
rogate, special  county  judge  and  special  surrogate,  and  designation 
of  justices  of  sessions. — "  There  shall  continue  to  be  elected  in  each 
of  the  counties  now  having  such  officers : 

"  I.  A  county  judge  *  and  a  surrogate,f  who  shall  severally  hold 
the  office  for  six  years  from  and  including  the  first  day  of  January 
succeeding  his  election. 

"  2.  A  special  county  judge  and  a  special  surrogate,  pursuant 
to  the  several  acts  of  the  legislature  creating  and  respectively  de- 
fining the  terms  and  duties  thereof. 

"  3.  There  shall  continue  to  be  appointed  by  the  governor,  by 
and  with  the  consent  of  the  senate,  if  in  session,  a  county  judge, 

*  In  the  county  of  Kings  there  shall  be  two  county  judges.  See  sec.  14, 
art.  6,  Revised  State  Constitution. 

f  In  the  county  of  New  York  the  term  of  surrogate  is  fourteen  years. 
See  sec.  15,  art.  6,  Revised  State  Constitution. 


314  State  and  County  Officers. 

surrogate,  special  county  judge  or  special  surrogate  when  a  vac- 
ancy shall  occur  in  either  of  such  offices,  and  the  person  so  ap- 
pointed shall  hold  the  office,  until  and  including  the  last  day  of  De- 
cember succeeding  the  first  annual  election  thereafter  at  which  such 
vacancy  can  be  lawfully  filled. 

"  *  4.  There  shall  continue  to  be  designated  two  justices  of  the 
peace  of  the  county,  having  at  least  one  year  to  serve  from  the  first 
day  of  January  succeeding  their  designation,  to  be  justices  of  ses- 
sions for  the  county  during  the  calendar  year  commencing  on  the 
first  day  of  January  succeeding  their  designation.  Each  elector 
may  place  upon  his  ballot  at  each  general  election  under  the  words 
'  for  sessions,'  the  name  of  one  such  justice  of  the  peace  and  the  two 
justices  of  the  peace  representing  the  two  principal  political  parties 
into  which  the  electors  of  the  county  are  divided  receiving  the 
greatest  number  of  votes  shall  be  designated  as  such  justices  of  the 
sessions  for  such  term."  (§  220,  County  Law,  chap.  686,  Laws 
1892.) 

Election,  appointment  and  term  of  office  of  sheriffs  and  coroners, 
— "There  shall  continue: 

"  I.  To  be  elected  in  each  of  the  counties  a  sheriff  f  and  in  each 
of  the  counties  containing  a  population  of  one  hundred  thousand 
and  over  four  coroners,  and  in  all  the  counties  such  number  of 
coroners,  not  more  than  four,  as  shall  be  fixed  by  the  board  of 
supervisors,  who  shall  |  respectively,  hold  their  offices  for  three 
years,  from  and  including  the  first  day  of  January  succeeding  their 
election. 

"  2.  To  be  appointed  by  the  governor,  a  sheriff,  or  a  coroner, 
when  a  vacancy  shall  occur  in  either  of  such  offices,  and  the  person 
so  appointed  shall  hold  the  office  until  and  including  the  last  day 
of  December  succeeding  the  first  annual  election  thereafter  at  which 
such  vacancy  can  be  lawfully  filled,  (See  §  180,  County  Law  as 
amended  by  chap.  333,  Laws  1898.) 

Election,  appointment,  and  term  of  office  of  district  attorney. — 
"  There  shall  continue : 

"  I.  To  be  elected  in  each  of  the  counties  a  district  attorney,  who 

*  Office  of  justices  of  sessions  abolished  after  Jan.  1,  1896.  See  sec.  14, 
art.  6,  Revised  State  Constitution. 

f  Sheriff  to  hold  no  other  office  and  ineligible  for  next  term.  See  sec.  r, 
art.  10,  State  Constitution. 

I  Office  of  coroner  not  a  constitutional  office. 


State  and  County  Officers.  315 

shall  hold  his  office  for  three  years  from  and  including  the  first  day 
of  January  succeeding  his  election ; 

"  2.  To  be  appointed  by  the  governor,  a  district  attorney,  when 
a  vacancy  shall  occur  in  such  office,  and  the  person  so  appointed 
shall  hold  the  office  until  and  including  the  last  day  of  December 
succeeding  the  first  annual  election  thereafter  at  which  such  va- 
cancy can  be  lawfully  filled.     (See  §  200,  County  Lazv.) 

Election,  appointment,  and  term  of  office  of  county  clerk. — 
"There  shall  continue,  j 

"  I.  To  be  elected  in  each  of  the  counties  a  county  clerk,  who 
shall  hold  his  office  for  three  years  from  and  including  the 
first  day  of  January  succeeding  his  election ; 

"  2.  To  be  appointed  by  the  governor,  a  county  clerk,  when 
a  vacancy  shall  occur  in  such  office,  and  the  person  so  appointed 
shall  hold  the  office  until  and  including  the  last  day  of  December 
succeeding  the  first  annual  election  after  the  happening  of  the 
vacancy."     (See  §  160,  County  Law.) 

Election,  appointment,  and  term  of  office  of  county  treasurer. — 
"  There  shall  continue, 

"  I.  To  be  elected  in  each  of  the  counties,  a  county  treasurer, 
who  shall  hold  his  office  for  three  years  from  and  including, 
in  the  county  of  Kings,  the  first  Tuesday  of  August,  in  the 
county  of  Monroe,  the  first  Tuesday  of  October,  and  in  the 
other  counties  the  first  day  of  January,  succeeding  his  election, 
and  until  his  successor  is  duly  elected  and  qualified ; 

"  2.  To  be  appointed  by  the  governor,  by  and  with  the  consent 
of  the  senate,  if  in  session,  a  county  treasurer,  when  a  vacancy 
shall  occur  in  such  office,  and  the  person  so  appointed  shall  hold 
the  office  until  and  including,  in  the  county  of  Kings,  the  first 
Monday  of  August,  in  the  county  of  Monroe,  the  first  Monday  of 
October,  and  in  the  other  counties  the  last  day  of  December,  suc- 
ceeding his  appointment,  and  until  his  successor  shall  be  duly 
elected  and  qualified.  (See  §  140,  County  Law  as  amended  by 
chap.  222,  Laws  1893.) 

Election,  appointment  and  term  of  office  of  superintendents  of 
the  poor. — "  There  shall  continue  to  be  elected  or  appointed  in 
each  of  the  counties  one  or  more  superintendents  of  the  poor  as 
heretofore;  but  no  super\'-isor  of  a  town,  or  ronntv  treasurer. 
shall    be    elected    or    appointed    to    such    office.     The    board 


3l6  State  and  County  Officers. 

of  supervisors  of  any  county  having,  or  entitled  to  have  three  or 
more  superintendents  of  the  poor,  may,  at  an  annual 
meeting  thereof  determine  by  resolution  that  thereafter  only  one 
county  superintendent  of  the  poor  shall  be  elected;  but  no  super- 
intendent of  the  poor  shall  be  elected  or  appointed  in  such  county 
until  the  general  election  next  preceding  the  expiration  of  the 
terms  of  the  superintendents  in  office,  or  the  office  shall  be  vacant. 
The  term  of  any  superintendent  in  office,  or  of  any  person  duly 
elected  thereto  on  the  passage  of  such  resolution,  shall  not  be  af- 
fected thereby.  Such  board  may  also,  in  counties  having  and  en- 
titled to  have  but  one  superintendent  of  the  poor,  in  like  manner 
determine  that  thereafter  three  superintendents  of  the  poor  be 
elected  for  such  county.  After  the  passage  of  a  resolution,  as  herein 
provided,  the  powers  herein  conferred  shall  not  be  again  exer- 
cised within  a  period  of  five  years.  Such  resolution  shall  not  take 
effect  until  the  next  calendar  year  succeeding  its  adoption. 
"  There  shall  continue, 

"  I.  To  be  elected  annually  in  each  of  the  counties  so  having 
and  being  entitled  to  three  county  superintendents,  one  county 
superintendent  of  the  poor,  who  shall  hold  his  office  for  three 
years  from  and  including  the  first  day  of  January  succeeding 
his  election,  and  until  his  successor  is  duly  elected  and  qualifies; 
"  2.  To  be  appointed  by  the  board  of  supervisors,  if  in  session, 
otherwise  by  the  county  judge,  a  county  superintendent  of  the 
poor,  when  a  vacancy  shall  occur  in  such  office,  and  the  person  so 
appointed  shall  hold  the  office  until  and  including  the  last  day  of 
December  succeeding  his  appoinmtent,  and  until  his  successor 
shall  be  elected  and  qualifies; 

"  3.  To  be  elected  a  county  superintendent  of  the  poor  in  a 
county  when  a  vacancy  shall  occur  in  such  office,  and  the  term 
of  which  shall  not  expire  on  the  last  day  of  the  next  succeed- 
ing December,  and  the  person  so  elected  shall  hold  the  office  for 
such  unexpired  term,  which  shall  be  designated  upon  the  ballots 
of  the  electors,  or  until  his  successor  shall  be  elected  and  qual- 
ifies; 

*'  4.  To  be  elected  in  each  of  the  counties  so  having,  and 
entitled  to  have  but  one  superintendent,  a  superintendent  of 
the  poor,  who  shall  hold  his  office  for  three  years  from  and  inc.lud- 


State  and  County  Officers.  317 

ing  the  first  day  of  January  succeeding  his  election,  and  until  his 
successor  is  duly  elected  and  qualified  ; 

"  5.  To  be  appointed  by  the  board  of  supervisors,  if  in  ses- 
sion, otherwise  by  the  county  judge,  a  superintendent  of  the  poor, 
in  a  county  having  and  being  entitled  to  but  one  superintendent, 
when  a  vacancy  shall  occur  in  such  office;  and  the  person  so  ap- 
pointed shall  hold  the  office  until  and  including  the  last  day  of 
December  succeeding  his  appointment,  and  until  his  successor 
shall  be  elected  and  qualifies ; 

"  6.  To  be  elected  in  the  succeeding  year  after  the  board  of 
supervisors  of  a  county  having  but  one  superintendent  of  the 
poor  shall  have  adopted  a  resolution  to  have  three  superintendents, 
if  the  term  of  the  superintendent  in  office  expires  with  such  year, 
three  superintendents  of  the  poor  for  such  county,  for  the  terms 
of  one,  two  and  three  years  respectively,  which  terms  shall  be 
respectively  designated  upon  the  ballots  of  the  electors  voting  for 
such  officers.  If  the  term  of  the  superintendent  in  office  will  not 
expire  with  such  succeeding  year,  there  shall  be  elected  two  super- 
intendents of  the  poor  for  such  county,  for  such  terms,  to  be  so 
designated  upon  the  ballots  of  the  electors  voting  for  such  officers, 
as  will  make  the  terms  of  one  of  the  three  superintendents  expire 
with  each  succeeding  year,  and  one  superintendent  of  the  poor 
shall  hereafter  be  annually  elected.  Such  persons  so  elected 
shall  hold  the  office  from  and  including  the  first  day  of  January 
succeeding  his  election,  and  until  and  including  the  last  day  of 
December  of  the  year  in  which  his  term  shall  so  expire,  and  until 
his  successor  is  duly  elected  and  qualifies.  When  ballots  are  voted 
without  designating  the  term,  the  first  name  on  the  ballot  shall 
be  deemed  as  intended  for  the  full  or  longer  term  of  the  officer 
voted  for ;  the  second  name  for  the  next  longer  term,  and  the  third 
name  for  the  shorter  term."  (§  210,  County  Latv,  chap.  686,  Lazus 
1892.) 

Election,  term  of  office,  etc.,  of  school  commissioners. — "  A 
school  commissioner  for  each  school  commissioner  district  shall 
be  elected  by  the  electors  thereof,  at  the  general  election  in  the 
year  eighteen  hundred  and  ninety-six,  and  tri-ennially  thereafter. 
Any  person  of  full  age,  a  citizen  of  the  United  States,  a  resident 
of  the  state,  and  of  the  county  in  which  a  school  commissioner 
district  is  situated,  shall  be  eligible  to  the  office  of  school  com- 


3i8  State  and  County  Officers. 

missioner.  No  person  shall  be  deemed  ineligible  to  such  office  by 
reason  of  sex  who  has  the  other  qualifications  herein  provided. 
It  shall  be  the  duty  of  county  clerks,  and  they  are  hereby  required, 
as  soon  as  they  shall  have  official  notice  of  the  election  or  appoint- 
ment of  a  school  commissioner,  for  any  district  in  their  county, 
to  forward  to  the  superintendent  of  public  instruction  a  duplicate 
certificate  of  such  election  or  appointment,  attested  by  their  sig- 
nature and  the  seal  of  the  county."  (§3,  School  Law,  chap.  556, 
Laws  1894.) 

"  The  term  of  office  of  such  commissioner  shall  commence  on 
the  first  day  of  January  next  after  his  election,  and  shall  be  for 
three  years  and  until  his  or  her  successor  qualifies.  Every 
person  elected  to  the  office,  or  appointed  to  fill  a  vacancy,  must 
take  the  oath  of  office  prescribed  by  the  constitution,  before  the 
county  clerk  or  before  any  officer  authorized  to  take,  within  this 
state,  the  acknowledgment  of  the  execution  of  a  deed  of  real  prop- 
erty, and  file  it  with  the  county  clerk ;  and  if  he  or  she  omit  so  to  do, 
the  office  shall  be  deemed  vacant."  (§4,  School  Law,  chap.  556, 
Lazvs  1894.) 

Commencement  of  term  of  office. — "  The  term  of  office  of  an 
elective  officer,  unless  elected  to  fill  a  vacancy  then  existing,  shall 
commence  on  the  first  day  of  January  next  after  his  election,  if 
the  commencement  thereof  be  not  otherwise  fixed  by  law."  (§4, 
Public  Officers'  Law,  chap.  681,  Laws  1892.) 

Holding  over  after  expiration  of  term. — "  Every  officer  except 
a  judicial  officer,  a  notary  public,  a  commissioner  of  deeds  and 
an  officer  whose  term  is  fixed  by  the  constitution,  having  duly 
entered  on  the  duties  of  his  office,  shall  unless  the  office  shall  ter- 
minate or  be  abolished,  hold  over  and  continue  to  discharge  the 
duties  of  his  office  after  the  expiration  of  the  term  for  which  he 
shall  have  been  chosen,  until  his  successor  shall  be  chosen  and 
qualified ;  but  after  the  expiration  of  such  term,  the  office  shall  be 
deemed  vacant  for  the  purpose  of  choosing  his  successor.  An 
officer  so  holding  over  for  one  or  more  entire  terms,  shall,  for 
the  purpose  of  choosing  his  successor,  be  regarded  as  having  been 
newly  chosen  for  such  terms.  An  appointment  for  a  term  short- 
ened by  reason  of  a  predecessor  holding  over,  shall  be  for  the 
residue  of  the  term  only."  (§5,  Public  Officers'  Law,  chap.  681, 
Laws  1892.) 


State  and  County  Officers.  319 

Terms  of  officers  chosen  to  fill  vacancies. — "  If  an  appointment 
of  a  person  to  fill  a  vacancy  in  an  appointive  office  be  made  by  the 
officer,  or  by  the  officers,  body  or  board  of  officers,  authorized  to 
make  appointment  to  the  office  for  the  full  term,  the  person  so 
appointed  to  such  vacancy  shall  hold  office  for  the  balance  of  the 
unexpired  term.  The  term  of  office  of  an  officer  appointed  to 
fill  a  vacancy  in  an  elective  office,  shall  be  until  the  commence- 
ment of  the  political  year  next  succeeding  the  first  annual  election 
after  the  happening  of  the  vacancy,  if  the  office  be  made  elective  by 
the  constitution,  or  at  which  the  vacancy  can  be  filled  by  election, 
if  the  office  be  otherwise  made  elective."  (§27,  Pub.  Officers' 
Law,  chap.  681,  Lawis  1892.) 

IV. 

RESIGNATIONS,    VACANCIES    AND   REMOVALS. 

Besignation  of  officers. — "  Public  officers  may  resign  their  offices 
as  follows : 

"  I.  The  governor,  lieutenant-governor,  secretary  of  state, 
comptroller,  attorney  general,  state  engineer  and  surveyor,  to  the 
legislature ; 

"  2.  All  officers  appointed  by  the  governor  alone,  or  by  him  with 
the  consent  of  the  senate,  to  the  governor; 

"  3.  Senators  and  members  of  assembly,  to  the  presiding  officers 
of  their  respective  houses ; 

"  4.  Sheriffs,  coroners,  county  clerks,  district  attorneys  and  reg- 
isters of  counties,  to  the  governor ; 

"  5.  Every  other  county  officer,  to  the  county  clerk ; 

"  6.  Every  town  officer,  to  the  town  clerk ; 

"  7.  Every  officer  of  any  other  municipal  corporation,  to  the 
clerk  of  the  corporation  ; 

"  8.  Every  other  appointive  officer,  where  not  otherwise  pro- 
vided by  law,  to  the  body,  board  or  officer  that  appointed  him.  and 
every  other  elective  officer,  where  not  otherwise  provided  by  law, 
to  the  secreary  of  state. 

"  Every  resignation  shall  be  in  writing  addressed  to  the  officer 
or  body  to  whom  it  is  made.  If  addressed  to  an  officer,  it  shall 
take  effect  upon  delivery  to  him  at  his  place  of  business,  or  when 
it  shall  be  filed  in  his  office. 


320  State  and  County  Officers. 

"  If  addressed  to  the  legislature  or  to  the  presiding  officer  of 
either  house  thereof,  it  shall  be  delivered  to  and  filed  by  the  sec- 
retary of  state,  and  shall  take  effect  when  so  delivered,  and  he 
shall  forthwith  communicate  the  fact  of  such  resignation  to  the 
legislature  or  to  such  house,  if  in  session,  or  if  not,  at  its  first 
meeting  thereafter. 

"  If  addressed  to  any  other  body  it  shall  be  delivered  to  the 
presiding  officer  or  clerk  of  such  body,  if  there  be  one,  and  if  not, 
to  any  member  thereof,  and  shall  take  effect  upon  such  delivery, 
and  shall  be  filed  with  the  clerk,  or  if  there  be  no  clerk,  with  the 
other  records  of  such  body.  A  delivery  at  the  office  or  place  of 
residence  or  business  of  the  person  to  whom  any  such  resignation 
may  be  delivered  shall  be  a  sufficient  delivery  thereof."  (§21, 
Pub.  Officers'  Laiv,  chap.  681,  Laws  1892.) 

Resignation  of  representative  in  congress. — Notice  of  such  res- 
ignation to  be  transmitted  to  secretary  of  state.  {See  §  190,  Elec- 
tion Laiv. ) 

Removal  of  judicial  officers. — "  Judges  of  the  court  of  appeals 
and  justices  of  the  supreme  court,  may  be  removed  by  concurrent 
resolution  of  both  houses  of  the  legislature,  if  two-thirds  of  all 
members  elected  to  each  house  concur  therein.  All  other  judicial 
officers,  except  justices  of  the  peace  and  judges  or  justices  of 
inferior  courts  not  of  record,  may  be  removed  by  the  senate,  on 
the  recommendation  of  the  governor,  if  two-thirds  of  all  the  mem- 
bers elected  to  the  senate  concur  therein.  But  no  officer  shall  be 
removed  by  virtue  of  this  section  except  for  cause,  which  shall 
be  entered  on  the  journals,  nor  unless  he  shall  have  been  served 
with  a  statment  of  the  cause  alleged,  and  shall  have  had  an  oppor- 
tunity to  be  heard.  On  the  question  of  removal,  the  yeas  and  nays 
shall  be  entered  on  the  journal."  (§  11,  art.  6,  Revised  State  Con- 
stitution.) 

Removal  of  officers  by  senate. — "  The  governor  before  making 
a  recommendation  to  the  senate  for  the  removal  of  any  officer  may 
in  his  discretion,  take  proofs  for  the  purpose  of  determining 
whether  such  recommendation  shall  be  made. 

"  The  secretary  of  state,  comptroller,  treasurer,  attorney-gen- 
eral, or  the  state  engineer  and  surveyor,  may  be  removed  by  the 
senate,  on  the  recommendation  of  the  governor,  for  misconduct  or 
malversation  in  office,  if  two-thirds  of  all  the  members  elected  to 


State  and  County  Officers.  321 

the  senate  shall  concur  therein.  No  such  removal  shall  be  made  un- 
less the  person  who  is  sought  to  be  removed  shall  have  been  served 
with  a  copy  of  the  charges  against  him  and  have  an  opportunity  of 
being  heard.  On  the  question  of  removal,  the  yeas  and  nays  shall  be 
entered  on  the  journal.  The  governor  may  convene  the  senate  in 
extra  session  for  the  investigation  of  such  charges.  The  senate 
shall  have  power  to  make  such  rules  as  it  may  see  fit  for  the  prac- 
tice before  it.  At  the  time  appointed  for  the  investigataion,  the 
senate  shall  proceed  to  hear  and  try  the  charges  against  such  of- 
ficer, and  may  take  proofs  in  relation  thereto. 

"  The  governor  may  direct  the  attorney-general  or  may  appoint 
any  suitable  person  to  conduct  the  trial  of  such  charges  before  the 
senate. 

"  An  officer  appointed  by  the  governor  by  and  with  the  advice 
and  consent  of  the  senate,  may  be  removed  by  the  senate  upon  the 
recommendation  of  the  governor. 

"If  the  senate  shall  reject  a  recommendation  of  removal  the 
clerk  of  the  senate  shall,  by  a  writing  signed  by  him  and  by  the 
president  and  clerk  of  the  senate,  communicate  the  fact  of  such 
rejection  to  the  governor.  If  the  senate  shall  concur  in  such  a 
recommendation  the  removal  shall  take  effect  upon  the  passage  of 
the  resolution  of  concurrence,  and  duplicate  copies  of  such  resolu- 
tion, certified  by  the  clerk  and  president  of  the  senate,  shall  be 
executed  and  delivered  by  the  clerk  to  the  secretary  of  state."  (§ 
22,  Pub.  Officers'  Lazv,  chap.  681,  Lazvs  1892.) 

Removals  by  governor.* — "  An  officer  appointed  by  the  gover- 
nor for  a  full  term  or  to  fill  a  vacancy,  any  county  treasurer,  any 
county  superintendent  of  the  poor,  any  register  of  a  county,  any 
coroner  or  any  notary  public,  may  be  removed  by  the  governor 
within  the  term  for  which  such  officer  shall  have  been  chosen, 
after  giving  to  such  officer  a  copy  of  the  charges  against  him 
and  an  opportunity  to  be  heard  in  his  defense."  (§  2^,  Pub.  Offi- 
cers Law,  chap.  681,  Latus  1892.  Thus  amended  by  chap.  238, 
L.  1899;  chap.  91,  L.  1902;  chap.  128,  L.  1903.) 

Evidence  in  proceedings  for  removal  by  governor. — '"  The  gov- 
ernor may  take  the  evidence  in  any  proceeding  for  the  removal 

*  "  The  governor  may  also  remove  sheriffs,  county  clerks,  district  attor- 
neys and  registers  in  counties  within  the  terms  for  which  they  shall  have 
been  elected,  giving  to  such  officers  copies  of  charges  against  them  and  an 
opportunity  of  being  heard  in  their  defense.     (Sec.  i,  art.  10,  Constitution.) 


322  State  and  County  Officers. 

by  him  of  a  public  officer  or  may  direct  that  the  evidence  be 
taken  before  a  justice  of  the  supreme  court  of  the  district,  or  the 
county  judge  of  the  county,  in  which  the  officer  proceeded  against 
shall  reside,  or  before  a  commissioner  appointed  by  the  governor 
for  that  purpose  by  an  appointment  in  writing,  filed  in  the  office 
of  the  secretary  of  state.  The  governor  may  direct  such  judge  or 
commissioner  to  report  to  him  the  evidence  taken  in  such  proceed- 
ing, or  the  evidence  and  the  findings  by  the  judge  or  commissioner 
of  the  material  facts  deemed  by  such  judge  or  commissioner  to  be 
established.  The  commissioner  or  judge  directed  to  take  such  evi- 
dence may  require  witnesses  to  attend  before  him,  and  shall  issue 
subpoenas  for  such  witnesses  as  may  be  requested  by  the  officer 
proceeded  against. 

"  The  governor  may  direct  the  attorney-general,  or  the  district 
attorney  of  the  county  in  which  the  officer  proceeded  against  shall 
reside  to  conduct  the  examination  into  the  truth  of  the  charges 
alleged  as  ground  for  such  removal.  If  the  examination  shall  be 
before  a  commissioner  or  judge,  it  shall  be  held  at  such  place 
in  the  county  in  which  the  officer  proceeded  against  shall  reside 
as  the  commissioner  or  judge  shall  appoint,  and  at  least  eight 
days  after  written  notice  of  the  time  and  place  of  such  examina- 
tion shall  have  been  given  to  the  officer  proceeded  against. 

"  All  sheriffs,  coroners,  constables  and  marshals  to  whom  pro- 
cess shall  be  directed  and  delivered  under  this  section  shall  execute 
the  same  without  necessary*  delay."  (§  24,  Pub,  OMcers'  Law, 
chap.  681,  Laws  1892.) 

Removal  of  oflBicers  by  state  officers. — "  Every  removal  of  an 
officer  by  one  or  more  state  officers,  shall  be  in  written  duplicate 
orders,  signed  by  the  officer,  or  by  all  or  a  majority  of  the  officers 
making  the  removal,  or  if  made  by  a  body  or  board  of  state  officers 
may  be  evidenced  by  duplicate  certified  copies  of  the  resolution  or 
order  of  removal,  signed  either  by  all  or  a  majority  of  the  officers 
making  the  removal,  or  by  the  president  and  clerk  of  such  body  or 
board.  Both  such  duplicate  orders  or  certified  copies  shall  be  de- 
livered to  the  secretary  of  state,  who  shall  record  in  his  office 
one  of  such  duplicates,  and  shall,  if  the  officer  removed  is  a  state 
officer,  deliver  the  other  to  such  officer  by  messenger,  if  required 
by  the  governor,  and  otherwise  bv  mail  or  as  the  secretary  of  state 

*  So  in  the  original. 


State  and  County  Officers. 


323 


shall  deem  advisable,  and  shall,  if  directed  by  the  governor,  cause 
a  copy  thereof  to  be  published  in  the  state  papers.  If  the  officer 
removed  be  a  local  officer,  he  shall  send  the  other  of  such  dupli- 
cates to  the  county  clerk  of  the  county  in  which  the  officer  re- 
moved shall  have  resided  at  the  time  he  was  chosen  to  the  office, 
and  such  clerk  shall  file  the  same  in  his  office,  and  forthwith  notify 
the  officer  removed  of  his  removal."  (§  25,  Pub.  Officers'  Law, 
chap.  681,  Laws  1892.) 

Vacancies  in  elective  offices. — "  The  legislature  shall  provide  for 
filling  vacancies  in  office,  and  in  case  of  elective  officers,  no  person 
appointed  to  fill  a  vacancy  shall  hold  his  office  by  virtue  of  such  ap- 
pointment longer  than  the  commencement  of  the  political  year  next 
succeeding  the  first  annual  election  after  the  happening  of  the 
vacancy."    (§5,  art.  10,  State  Constitution.) 

Creation  of  vacancies. — "  Every  office  shall  be  vacant  upon  the 
happening  of  either  of  the  following  events  before  the  expiration 
of  the  term  thereof: 

"  I .  The  death  of  the  incumbent ; 

"  2.  His  resignation ; 

"  3.  His  removal  from  office ; 

"  4.  His  ceasing  to  be  an  inhabitant  of  the  state,  or  if  he  be  a 
local  officer,  of  the  political  subdivision,  or  municipal  corporation 
of  which  he  is  required  to  be  a  resident  when  chosen ; 

"  5.  His  conviction  of  a  felony,  or  a  crime  involving  a  violation 
of  his  oath  of  office ; 

"  6.  The  judgment  of  a  court,  declaring  void  his  election  or  ap- 
pointment, or  that  his  office  is  forfeited  or  vacant ; 

"  7.  His  refusal  or  neglect  to  file  his  official  oath  or  undertaking, 
if  one  is  required,  before  or  within  fifteen  days  after  the  com- 
mencement of  the  term  of  office  for  which  he  is  chosen,  if  an 
elective  office,  or  if  an  appointive  office,  within  fifteen  days  after 
notice  of  his  appointment,  or  within  fifteen  days  after  the  com- 
mencement of  such  term ;  or  to  file  a  renewal  undertaking  within 
the  time  required  by  law,  or  if  no  time  be  so  specified,  within  fif- 
teen days  after  notice  to  him  in  pursuance  of  law,  that  such  renewal 
undertaking  is  required.  When  a  new  office  or  an  additional  in- 
cumbent of  an  existing  office,  shall  be  created,  such  office  shall,  for 
the  purposes  of  an  appointment  or  election,  be  vacant  from  the  date 


324  State  and  County  Officers. 

of  its  creation,  until  it  shall  be  filled  by  election  or  appointment."' 
(§  20,  Pub.  Officers'  Lazv,  chap.  681,  Laws  1892.) 

Vacancies  filled  by  legislature. — "  When  a  vacancy  occurs  or 
exists,  other  than  by  removal,  in  the  office  of  the  secretary  of 
state,  comptroller,  treasurer,  attorney-general,  or  state  engineer 
and  surveyor,  or  a  resignation  of  any  such  office  to  take  effect  at 
any  future  day  shall  have  been  made  while  the  legislature  is  in 
session,  the  two  houses  thereof,  by  joint  ballot,  shall  appoint  a. 
person  to  fill  such  actual  or  prospective  vacancy."  (§  30,  Pub. 
Officers'  Laiv,  chap.  681,  Lazvs  1892.) 

Filling  other  vacancies. — "  If  a  vacancy  shall  occur,  otherwise 
than  by  expiration  of  term,  with  no  provision  of  law  for  filling  the 
same,  if  the  office  be  elective,  the  governor  shall  appoint  a  person 
to  execute  the  duties  thereof  until  the  vacancy  shall  be  filled  by 
an  election.  But  if  the  term  of  such  officer  shall  expire  with  the 
calendar  year  in  which  the  appointment  shall  be  made,  or  if  the 
office  be  appointive,  the  appointee  shall  hold  for  the  residue  of 
the  term."     (§31,  Pub.  Officers'  Lam,  chap.  681,  Laws  1892.) 

Vacancies  in  office  of  judges  of  court  of  appeals. — "  When  a 
vacancy  shall  occur  otherwise  than  by  expiration  of  the  term,  in 
the  office  of  chief  or  associate  judge  of  the  court  of  appeals,  the 
same  shall  be  filled,  for  a  full  term,  at  the  next  general  election 
happening  not  less  than  three  months  after  such  vacancy  oc- 
curs ;  and  until  the  vacancy  shall  be  so  filled,  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate,  if  the  senate  shall  be  in 
session,  of  if  not  in  session  the  governor  may  fill  such  vacancy  by 
appointment.  If  any  such  appointment  of  chief  judge  shall  be 
made  from  the  associate  judges,  a  temporary  appointment  of 
associate  judge  shall  be  made  in  like  manner;  but  in  such  case, 
the  person  appoined  chief  judge  shall  not  be  deemed  to  vacate 
his  office  of  associate  judge  any  longer  than  until  the  expiration 
of  his  appointment  as  chief  judge.  The  powers  and  jurisdiction 
of  the  court  shall  not  be  suspended  for  want  of  appointment  or 
election,  when  the  number  of  judges  is  sufficient  to  constitute  a 
quorum.  All  appointments  under  this  section  shall  continue 
until  and  including  the  last  day  of  December  next  after  the  election 
at  which  such  vacancy  shall  be  filled."  (§8,  art.  6,  State  Con- 
stitution. ) 


State  and  County  Officers.  325 

Vacancy  in  office  of  justices  of  supreme  court. — "  When  a  va- 
cancy shall  occur,  otherwise  than  by  expiration  of  term,  in  the 
office  of  justice  of  the  supreme  court,  the  same  shall  be  filled,  for 
a  full  term,  at  the  next  general  election  happening  not  less  than 
three  months  after  such  vacancy  occurs ;  and  until  the  vacancy  shall 
be  so  filled  the  governor,  by  and  with  the  advice  and  consent  of  the 
senate,  if  the  senate  shall  be  in  session,,  or  if  not  in  session,  the 
governor  may  fill  such  vacancy  by  appointment,  which  shall  con- 
tinue until  and  including  the  last  day  of  December  next  after 
the  election  at  which  the  vacancy  shall  be  filled."  (Part  of  §  4,  art. 
6,  State  Constitution.) 

Vacancies  in  office  of  county  judge  and  surrogate  to  be  filled 
in  same  manner  as  like  vacancies  occurring  in  office  of  justice  of 
supreme  court.     (See  §  15,  art.  6,  State  Const.) 

Vacancies  in  office  of  United  States  senator. — Whenever  on  the 
meeting  of  the  legislature  of  any  state  a  vacancy  exists  in  the  rep- 
resentation of  such  state  in  the  senate,  the  legislature  shall  pro- 
ceed, on  the  second  Tuesday  after  meeting  and  organization,  to  elect 
a  person  to  fill  such  vacancy,  in  the  manner  prescribed  in  the  pre- 
ceding section  for  the  election  of  a  senator  for  a  full  term. 

Whenever  during  the  session  of  the  legislature  of  any  state, 
a  vacancy  occurs  in  the  representation  of  such  state  in  the  senate, 
similar  proceedings  to  fill  such  vacancy  shall  be  had  on  the  second 
Tuesday  after  the  legislature  has  organized  and  has  notice  of  such 
vacancy.     (See  §  16,  ist  Rev.  U.  S.  Stat.) 

Vacancies  in  office  of  representative  in  congress. — If  any  such 
representative  shall  resign  he  shall  forthwith  transmit  a  notice  of 
his  resignation  to  the  secretary  of  state,  and  if  a  vacancy  shall 
occur  in  any  such  office  the  clerk  of  the  county  in  which  such 
representative  shall  have  resided  at  the  time  of  his  election  shall, 
without  delay,  transmit  a  notice  thereof  to  the  secretary  of  state. 
(See  §  160,  Election  Law.) 

"  When  vacancies  happen  in  the  representative  from  any  state, 
the  executive  authority  thereof  shall  issue  writs  of  election  to  fill 
such  vacancies.     (See  §  2,  art.  i,  U.  S.  Const.) 

Special  elections. — When  to  be  had  to  fill  such  vacancies.  (See 
§  4.  Election  Lazv.) 

Notice  of  existence  of  vacancy. — "  When  a  judgment  shall  be 
rendered  by  any  court  convicting  an  officer  of  a  felony,  or  of  a 


326  State  and  County  Officers. 

crime  involving  a  violation  of  his  oath  of  office,  or  declaring  the 
election  or  appointment  of  any  officer  to  be  void,  or  that  the  office 
of  any  officer  has  been  forfeited  or  become  vacant,  the  clerk  of 
such  court  shall  give  notice  thereof  to  the  governor,  stating  the 
cause  of  such  conviction  or  judgment. 

"  Whenever  a  public  officer  shall  die  before  the  expiration  of 
his  term  of  office,  or  shall  cease  to  be  a  resident  of  the  political 
subdivision  of  the  state  or  a  'municipal  corporation  in  which  he 
is  required  to  be  a  resident  as  a  condition  of  continuing  in  the  office, 
the  county  clerk  of  the  county  in  which  such  officer  shall  have  re- 
sided immediately  prior  to  such  death  or  removal,  shall  immediately 
give  notice  of  such  death  or  removal  to  the  governor.  If  the  gov- 
ernor is  not  authorized  to  fill  any  vacancy  of  which  he  shall  have 
notice,  he  shall  fortliwith  give  notice  of  the  existence  of  such 
vacancy  to  the  officer  or  officers,  or  to  the  body  or  board  of  officers 
authorized  to  fill  the  vacancy,  or  if  such  vacancy  may  be  filled 
by  an  election,  to  the  officers  authorized  to  give  notice  of  such 
election."     (§  26,  Pub.  Officers'  Law,  1892.) 

Filling  vacancies  in  elective  offices  at  general  and  special  elec> 
tions. — "  A  vacancy  occurring  before  October  fifteenth  in  any 
year,  in  an  office  authorized  to  be  filled  at  a  general  election,  shall 
be  filled  at  the  general  election  held  next  thereafter,  unless 
otherwise  provided  by  the  constitution,  or  unless  previously  filled 
at  a  special  election,  or  unless  a  special  election  therefor  shall  have 
been  ordered  to  be  held  on  or  after  such  fifteenth  day  of  October 
and  before  such  general  election. 

"  Upon  the  failure  to  elect  to  any  office,  except  governor  or 
lieutenant-governor,  at  a  general  or  special  election  at  which  the 
office  is  authorized  to  be  filled ;  or  upon  the  death  or  disqualifi- 
cation of  a  person  elected  to  office  at  a  general  or  special  election 
before  the  commencement  of  his  official  term ;  or  upon  the  occur- 
rence of  a  vacancy  in  any  elective  office,  which  cannot  be  filled  by 
appointment  for  a  period  extending  to  or  beyond  the  next  general 
election  at  which  a  person  may  be  elected  thereto,  the  governor 
shall  make  proclamation  of  a  special  election  to  fill  such  office, 
specifying  the  district  or  county  in  which  the  election  is  to  be 
held,  and  the  day  thereof,  which  shall  not  be  less  than  twenty  nor 
more  than  forty  days  from  the  date  of  the  proclamation. 

"  A  special  election  shall  not  be  held  to  fill  a  vacancy  in  the 


State  and  County  Officers.  327 

office  of  a  representative  in  congress,  unless  such  vacancy  occur 
on  or  before  the  first  day  of  July  of  the  last  year  of  the  term  of 
office,  or  unless  occurring  thereafter  and  a  special  session  of  con- 
gress be  called  to  meet  before  the  next  general  election,  or  be 
called  after  October  fourteenth  of  such  year ;  nor  to  nil  a  vacancy 
in  the  office  of  state  senator,  unless  tlie  vacancy  occur  before  the 
first  day  of  April  of  the  last  year  of  the  term  of  office ;  nor  to  fill  a 
vacancy  in  the  office  of  a  member  of  assembly,  unless  occurring 
before  the  first  day  of  April  in  any  year,  unless  the  vacancy  occur 
in  either  such  office  of  senator  or  member  of  assembly,  after  such 
first  day  of  April,  and  a  special  session  of  the  legislature  be  called 
to  meet  between  such  first  day  of  April  and  the  next  general  elec- 
tion, or  be  called  after  October  fourteenth  of  such  year. 

"  If  a  special  election  to  fill  an  office  shall  not  be  held  as  required 
by  law,  the  office  shall  be  filled  at  the  next  general  election."  (§4, 
Election  Law,  1892.) 


Political  Divisions  of  State,  Counties,  Towns. 


ELECTION  DISTRICTS. 


Number  of   Election  Districts  in  New  York  State,  as  Reported  by 
County  Clerks,  January  i,  1901. 


DISTS. 

Albany 129 

Allegany -••  4^ 

Broome 69 

Cattaraugus 60 

Cayuga • --•  5^ 

Chautauqua. - --•  73 

Chemung --•  4^ 


40 

35 

41 

29 

50 

68 

172 

34 

39 

37 

30 

32 

II 

48 

Jefferson -.--. 7^ 

Kings 518 

Lewis 36 

Livingston ---  37 

Madison •..  49 

Monroe 122 

Montgomery - 45 

Nassau 42 

New  York 892 

Niagara........ 54 

Oneida 106 


Chenango. , 

Clinton 

Columbia  . , 
Cortland... 
Delaware  . , 
Dutchess  . 

Erie 

Essex  ..... 
Franklin... 
Fulton  .... 
Genesee  .., 
Greene.  .. 
Hamilton  . 
Herkimer. 


DISTS. 

Onondaga 132 

Ontario 45 

Orange 85 

Orleans ....  29 

Oswego 59 

Otsego - 57 

Putnam 13 

Queens - -. -.  72 

Rensselaer ....  105 

Richmond . — 40 

Rockland 31 

St.  Lawrence 91 

Saratoga 60 

Schenectady 31 

Schoharie 32 

Schuyler ..  ....  20 

Seneca - 26 

Steuben 66 

Suffolk 67 

Sullivan 34 

Tioga 37 

Tompkins 39 

Ulster 78 

Warren  . .. 30 

Washington 48 

Wayne 4^ 

Westchester 104 

Wyoming 33 

Yates 23 


4,647 


Political  Divisions  of  States,  Counties  and  Towns.   329 

Creation,  division  and  alteration  of  election  districts. — Every  town, 
or  ward  of  a  city  not  sul)diviclcd  into  election  districts  shall  be  an  election 
district.  The  Town  board  of  every  town  containing  more  than  four  hun- 
dred electors,  and  the  common  council  of  every  city  except  New  York,  in 
which  there  shall  be  a  ward  containing  more  than  four  hundred  electors, 
shall,  on  or  before  the  first  day  of  July  in  each  year,  whenever  necessary  so 
to  do,  divide  such  town  or  ward  respectively  into  election  districts,  each 
of  which  shall  be  compact  in  form,  wholly  within  the  town  or  ward,  and 
shall  contain  respectively  as  near  as  may  be,  four  hundred  electors,  but  no 
such  ward  or  town  shall  be  again  divided  into  election  districts  until  at  some 
general  election,  the  number  of  votes  cast  in  one  or  more  districts  thereof 
shall  exceed  six  hundred ;  and  in  such  a  case  the  redivision  shall  apply  only 
to  the  town  or  ward  in  which  such  district  is  situated.  If  any  part  of  a  city 
shall  be  within  a  town,  the  town  board  shall  divide  into  election  districts 
only  that  part  of  the  town  which  is  outside  of  the  city.  No  election  dis- 
trict including  any  part  of  a  city  shall  include  any  part  of  a  town  outside 
of  a  city.  A  town  or  a  ward  of  a  city  containing  less  than  four  hundred 
electors  may,  at  least  thirty  days  before  the  election  or  appointment  of  in- 
spectors of  election  of  such  town  or  ward,  be  divided  into  election  districts 
by  the  board  or  other  body  charged  with  such  duty  when,  in  the  judgment 
of  such  board  or  body,  the  convenience  of  the  electors  shall  be  promoted 
thereby.  The  creation,  division  or  alteration  of  an  election  district  outside 
of  a  city  shall  take  effect  immediately  after  the  next  town  meeting,  and  at 
such  next  town  meeting  inspectors  of  election  shall  be  elected  for  each 
election  district  as  constituted  by  such  creation,  division  or  alteration.  If 
the  creation,  division  or  alteration  of  an  election  district  is  rendered  neces- 
sary by  the  creation,  division  or  alteration  of  a  town,  or  ward  of  a  city,  it  shall 

take  effect  immediately,  but  a  new  town  or  ward  shall  not  be  created,  and  no  new 
town  or  ward  shall  be  subdivided  into  election  districts  between  the  first  day  of 
August  of  any  year,  and  the  day  of  the  general  election  next  thereafter.  If  inspect- 
ors are  not  elected  or  appointed  for  such  district  outside  of  a  city  before  September 
the  first  next  thereafter,  the  town  board  of  the  town  shall  appoint  four  inspectors  of 
election  for  such  district.  If  a  town  shall  include  a  city,  or  a  portion  of  a  city,  only 
such  election  districts  as  are  wholly  outside  of  the  city  shall  be  deemed  election  dis- 
tricts of  the  town,  except  for  the  purpose  of  town  meetings.  The  board  of  elec 
tions  of  the  city  of  New  York  shall  divide  such  city  into  election  districts  on  or 
before  the  first  day  of  July  in  any  year  whenever  necessary  so  to  do  as  hereinafter 
provided.  The  election  districts  existing  pursuant  to  the  provisions  of  law  in  the 
counties  within  the  city  of  New  York,  shall  continue  with  their  present  boundaries, 
so  far  as  possible,  until  at  some  general  or  city  election  the  number  of  registered 


330    Political  Divisions  of  States,  Counties  and  Towns. 

electors  therein  shall  exceed  six  hundred  and  fifty,  provided,  however,  that  any 
election  district  containing  less  than  seventy-five  electors  in  such  counties,  made 
necessary  by  the  crossing  of  congressional  lines  with  other  political  divisions,  may 
hz  consolidated  with  contiguous  election  districts  in  any  year  when  no  representa- 
tive in  congress  is  to  be  voted  for  in  such  districts.  On  or  before  the  first  day  of 
July  in  every  year  the  board  of  elections  of  the  city  of  New  York  shall  divide  each 
election  district  of  said  city  which  contains  more  than  six  hundred  and  fifty  electors, 
as  shown  by  the  registration  of  electors  for  the  election  of  the  preceding  year,  into 
two  or  more  election  districts.  Such  election  districts  so  established  in  the  city  of 
New  York  shall  not  again  be  changed  until  at  some  general  election  the  number  of 
registered  electors  therein  shall  exceed  six  hundred  and  fifty,  except  where  changes 
are  made  necessary  by  a  change  in  the  boundaries  of  congressional,  senate,  or 
assembly  districts  or  ward  lines,  provided,  however,  that  when  the  number  of  reg- 
istered electors  in  any  election  district  shall  for  two  consecutive  years,  be  less  than 
two  hundred  and  fifty,  such  district  may  be  consolidated  with  contiguous  election 
districts  in  the  discretion  of  said  board  of  elections.  In  that  portion  of  the  city  of 
New  York  within  the  county  of  New  York  each  election  district  shall  be  compact 
in  form,  entirely  within  an  assembly  district  and  numbered  in  consecutive  order 
therein  respectively.  In  that  portion  of  the  city  of  New  York  ouiside  of  the  county 
of  New  York  each  election  district  shall  be  compact  in  form,  entirely  within  a  ward 
and  numbered  in  consecutive  order  therein  respectively.  No  election  district  shall 
contain  portions  of  two  counties,  or  two  senate  or  assembly  districts  or  two  wards. 
Each  town  and  each  part  of  a  town  included  in  the  city  of  New  York,  as  constituted 
by  the  Greater  New  York  charter,  shall  be  respectively  deemed  to  be  a  ward  within 
the  meaning  of  this  section.  $  8,  Election  Law.  ( TAus  amended  hy  chap.  85,  Z. 
1901.) 

Maps  and  certificates  of  boundaries  of  election  districts. — "  When  a 
ward  of  a  city  or  an  assembly  district  within  a  city  shall  be  divided  into 
two  or  more  election  districts,  the  officers  or  board  creating,  dividing  or 
altering  such  election  districts,  shall  forthwith  make  a  map  or  description  of 
such  division,  defining  it  by  known  boundaries,  and  cause  such  map  or 
description  to  be  kept  open  for  public  inspection  in  the  office  of  the  city 
clerk,  and  cause  copies  thereof  to  be  posted  not  less  than  ten  days  prior  to 
the  first  day  of  registration  in  each  year,  in  at  least  ten  of  the  most  public 
places  in  each  election  district  so  created,  divided  or  altered,  and  shall,, 
prior  to  every  election,  furnish  copies  of  such  map  or  description  to  the 
inspectors  of  election  in  each  election  district  of  such  ward  or  assembly  dis- 
trict. The  officers  creating,  dividing  or  altering  an  election  district  in  a 
town  shall  forthwith  make  a  certificate  or  map  thereof,  exhibiting  the  dis- 
tricts so  created,  divided  or  altered,  and  their  numbers  respectively,  and  file 


Political  Divisions  of  States,  Counties  and  Towns.    331 

the  same  in  the  county  clerk's  office,  and  a  copy  thereof  in  the  town  clerk's 
office,  and  cause  copies  of  the  same  to  be  posted  in  at  least  five  of  the  most 
public  places  in  each  election  district  of  such  town,  and  the  county  clerk 
shall,  prior  to  every  general  election,  furnish  copies  of  such  maps  or  cer- 
tificates to  the  inspectors  of  election  in  each  election  district  of  such  town, 
provided  such  election  district  is  not  coterminous  with  the  town  lines." 
($9,  Election  Law.) 


SENATE  DISTRICTS. 
As  apportioned  by  the  state  constitution  in  1895. 

First  district. —  Counties  of  Suffolk  and  Richmond. 

Second  district. —  County  of  Queen.s. 

Third  district. —  That  part  of  the  county  of  Kings  comprising 
the  first,  second,  third,  fourth,  fifth  and  sixth  wards  of  the  city  of 
Brooklyn. 

Fourth  district. —  That  part  of  the  county  of  Kings  comprising 
the  seventh,  thirteenth,  nineteenth  and  twenty-first  wards  of  the 
city  of  Brooklyn. 

Fifth  district. —  That  part  of  the  county  of  Kings  comprising  the 
eighth,  tenth,  twelfth  and  thirtieth  wards  of  the  city  of  Brooklyn, 
and  the  ward  of  the  city  of  Brooklyn  which  was  formerly  the  town 
of  Gravesend. 

Sixth  district. —  That  part  of  the  county  of  Kings  comprising  the 
ninth,  eleventh,  twentieth  and  twenty-second  wards  of  the  city  of 
Brooklyn. 

Seventh  district. —  That  part  of  the  county  of  Kings  comprising 
the  fourteenth,  fifteenth,  sixteenth  and  seventeenth  wards  of  the 
city  of  Brooklyn. 

Eighth  district. —  That  part  of  the  county  of  Kings  comprising 
the  twenty-third,  twenty-fourth,  twenty-fifth  and  twenty-ninth 
wards  of  the  city  of  Brooklyn,  and  the  town  of  Flatlands. 

Ninth  district. — -That  part  of  the  county  of  Kings  comprising 
the  eighteenth,  twenty-sixth,  twenty-seventh  and  twenty-eighth 
wards  of  the  city  of  Brooklyn. 

Tenth  district. —  That  part  of  the  county  of  New  York  within  and 
bounded  by  a  line  beginning  at  Canal  street  and  the  Hudson  river, 
and  running  thence  along  Canal  street,  Hudson  street,  Dominick 
street,  Varick  street,  Broome  street,  Sullivan  street.  Spring  street, 
Broadway,  Canal  street,  the  Bowery,  Division  street,  Grand  street 


17,2    Political  Divisions  of  States,  Counties  and  Towns. 

and  Jackson  street,  to  the  East  river  and  thence  around  the 
southern  end  of  Manhattan  island,  to  the  place  of  beginning,  and 
also  Governor's,  Bedlow's  and  Ellis  islands. 

Eleventh  district. —  That  part  of  the  county  of  New  York  lying 
north  of  district  number  ten,  and  within  and  bounded  by  a  line 
beginning  at  the  junction  of  Broadway  and  Canal  street,  and  run- 
ning thence  along  Broadway,  Fourth  street,  the  Bowery  and  Third 
avenue,  St.  Mark's  place.  Avenue  A,  Seventh  street,  Avenue  B, 
Clinton  street,  Rivington  street,  Norfolk  street,  Division  street, 
Bowery  and  Canal  street,  to  the  place  of  beginning. 

Twelfth  district. —  That  part  of  the  county  of  New  York 
lying  north  of  districts  numbers  ten  and  eleven  and  within 
and  bounded  by  a  line  beginning  at  Jackson  street  and  the 
East  river,  and  running  thence  through  Jackson  street,  Grand 
street.  Division  street,  Norfolk  street,  Rivington  street,  Clinton 
street,  Avenue  B,  Seventh  street.  Avenue  A,  St.  Mark's  place, 
Third  avenue,  East  Fourteenth  street  to  the  East  river,  and  along 
the  East  river,  to  the  place  of  beginning. 

Thirteenth  district. —  That  part  of  the  county  of  New  York  lying 
north  of  district  number  ten,  and  within  and  bounded  by  a  line 
beginning  at  the  Hudson  river  at  the  foot  of  Canal  street,  and 
running  thence  along  Canal  street,  Hudson  street,  Dominick 
street,  Varick  street,  Broome  street,  Sullivan  street,  Spring  street, 
Broadway,  Fourth  street,  the  Bowery  and  Third  avenue,  Four- 
teenth street.  Sixth  avenue,  West  Fifteenth  street,  Seventh  ave- 
nue, West  Nineteenth  street,  Eighth  avenue.  West  Twentieth 
street,  and  the  Hudson  river  to  the  place  of  beginning. 

Fourteenth  district. —  That  part  of  the  county  of  New  York  lying 
north  of  districts  numbers  twelve  and  thirteen,  and  within  and 
bounded  by  a  line  beginning  at  East  Fourteenth  street  and  the 
East  river,  and  running  thence  along  East  Fourteenth  street,  Irv- 
ing place.  East  Nineteenth  street.  Third  avenue,  East  Twenty- 
third  street,  Lexington  avenue.  East  Fifty-third  street.  Third 
avenue.  East  Fifty-second  street,  and  the  East  river,  to  the  place 
of  beginning. 

Fifteenth  district. —  That  part  of  the  county  of  New  York  lying 
north  of  district  number  thirteen,  and  within  and  bounded  by  a 
line  beginning  at  the  junction  of  West  Fourteenth  street  and 
Sixth  avenue,  and  running  thence  along  Sixth  avenue,  West  Fif- 
teenth street ,  Seventh  avenue.  West  Fortieth  street.  Eighth  avenue, 
and  the  transverse  road  across   Central    Park  at  Ninety-seventh 


Senate  Districts.  3-5 

street,  Fifth  avenue,  East  Ninety-sixth  street,  Lexington  avenues- 
East  Twenty-third  street,  Third  Avenue,  East  Nineteenth  street, 
Irving  place  and  Fourteenth  street,  to  the  ulace  of  beginning. 

Sixteenth  district. —  That  part  of  the  county  of  New  York  lying 
north  of  district  number  thirteen,  and  within  and  bounded  by  a 
line  beginning  at  Seventh  avenue  and  West  Nineteenth  street,  and 
running  thence  along  West  Nineteenth  street, Eighth  avenue.  West 
Twentieth  street,  the  Hudson  river,  West  Forty-sixth  street,  Tenth 
avenue,  West  Forty-third  street.  Eighth  avenue,  West  Fortieth 
street  and  Seventh  avenue,  to  the  place  of  beginning. 

Seventeenth  district. —  That  part  of  the  county  of  New  York  lying 
north  of  district  number  sixteen,  and  within  and  bounded  by  a 
line  beginning  at  the  junction  of  Eighth  avenue  and  West  Forty- 
third  street,  and  running  ihence  along  West  Forty-third  street. 
Tenth  avenue,  West  Forty-sixth  street,  the  Hudson  river,  West 
Eighty-ninth  street.  Tenth  or  Amsterdam  avenue.  West  Eighty- 
sixth  street,  Ninth  or  Columbus  avenue.  West  Eighty-first  street 
and  Eighth  avenue,  to  the  place  of  beginning. 

Eighteenth  district. —  That  part  of  the  county  of  New  York  lying 
north  of  district  number  fourteen,  and  within  and  bounded  by  a 
line  beginning  at  the  junction  of  East  Fifty-second  street,  and 
the  East  river,  and  running  thence  along  East  Fifty-second 
street,  Third  avenue,  East  Fifty-third  street,  Lexington  avenue, 
East  Eighty-fourth  street.  Second  avenue.  East  Eighty-third  street 
and  the  East  river,  to  the  place  of  beginning  ;  and  also  Blackwell's 
island. 

Nineteenth  district. —  That  part  of  the  county  of  New  York  lying 
north  of  district  number  seventeen,  and  within  and  bounded  by  a 
line  beginning  at  West  Eighty-ninth  street  and  the  Hudson  river, 
and  running  thence  along  the  Hudson  river  and  Spuyten  Duyvil 
creek  around  the  northern  end  of  Manhattan  island  ;  thence 
southerly  along  the  Harlem  river  to  the  north  end  of  Fifth  avenue  ; 
thence  along  Fifth  avenue.  East  One  Hundred  and  Twenty-ninth 
street.  Fourth  or  Park  avenue.  East  One  Hundred  and  Tenth 
street,  Fifth  avenue,  the  transverse  road  across  Central  Park  at 
Ninety-seventh  street.  Eighth  avenue.  West  Eighty-first  street. 
Ninth  or  Columbus  avenue.  West  Eighty-sixth  street.  Tenth  or 
Amsterdam  avenue  and  West  Eighty-ninth  street,  to  the  place  of 
beginning. 

Twentieth  district. —  That  part  of  the  county  of  New  York  lying 
north  of  districts  numbers  eighteen  and  fifteen,  and  within  and 


334    Political  Divisions  of  States,  Counties  and  Towns. 

bounded  by  a  line  beginning  at  East  Eighty-third  street  and  the 
East  river,  running  thence  through  East  Eighty-third  street,  Second 
avenue,  East  Eighty-fourth  street,  Lexington  avenue,  East  Ninety- 
sixth  street,  Fifth  avenue.  East  One  Hundred  and  Tenth  street. 
Fourth  Oi  Park  avenue,  East  One  Hundred  and  Nineteenth  street 
to  the  Harlem  river,  and  along  the  Harlem  and  East  rivers,  to  the 
place  of  beginning ;  and  also  Randall's  island  and  Ward's  island. 

All  of  the  above  districts  in  the  county  of  New  York,  bounded 
upon  or  along  the  boundary  waters  of  the  county,  shall  be  deemed 
to  extend  to  the  county  line. 

Twenty-first  district. —  That  part  of  the  county  of  New  York 
lying  north  of  districts  numbers  nineteen  and  twenty,  within  and 
bounded  by  a  line  beginning  at  East  One  Hundred  and  Nineteenth 
street  and  the  Harlem  river,  and  running  thence  along  East  One 
Hundred  and  Nineteenth  street,  Fourth  or  Park  avenue.  One 
Hundred  and  Twenty-ninth  street,  Fifth  avenue  and  the  Harlem 
river,  to  the  place  of  beginning  ;  and  all  that  part  of  the  county 
of  New  York  not  hereinbefore  described. 

Twenty-second  district. —  County  of  Westchester. 

Twenty-third  district. —  Counties  of  Orange  and  Rockland. 

Twenty-fourth  district. —  Counties  of  Dutchess,  Columbia  and 
Putnam. 

Twenty-fifth  district. —  Counties  of  Ulster  and  Greene. 

Twenty-sixth  district. —  Counties  of  Delaware,  Chenango  and 
Sullivan. 

Twenty-seventh  district. —  Counties  of  Montgomery,  Fulton, 
Hamilton  and  Schoharie. 

Txventy-eighth  district. —  Counties  of  Saratoga,  Schenectady  and 
Washington. 

Twenty-ninth  district. —  County  of  Albany. 

Thirtieth  district. —  County  of  Rensselaer. 

Thirty-first  district. —  Counties  of  Clinton,  Essex  and  Warren. 

Thirty-second  district. —  Counties  of  St.  Lawrence  and   Franklin. 

Thirty-third  district. —  Counties  of  Otsego  and  Herkimer. 

Thirty-fourth  district. —  County  of  Oneida. 

Thirty-fifth  district. —  Counties  of  Jefferson  and  Lewis. 

Thirty-sixth  district. —  County  of  Onondaga. 

Thirty-seventh  district. —  Counties  of  Oswego  and  Madison. 

Thirty-eighth  district. —  Counties  of  Broome,  Cortland  and 
Tioga. 

Thirty-ninth  district. —  Counties  of  Cayuga  and  Seneca, 


Senate  Districts.  335 

Fortieth  district. —  Counties  of  Chemung,  Tompkins  and 
Schuyler. 

Forty- first  district. —  Counties  of  Steuben  and  Yates. 

Forty-sfcond  district. —  Counties  of  Ontario  and  Wayne. 

Forty-third  district. —  That  part  of  the  county  of  Monroe  com- 
prising the  towns  of  Brighton,  Henrietta,  Irondequoit,  Mendon, 
Penfield,  Perinton,  Pittsford,  Rush  and  Webster,  and  the  fourth, 
sixth,  seventh,  eighth,  twelfth,  thirteenth,  fourteenth,  sixteenth, 
seventeenth  and  eighteenth  wards  of  the  city  of  Rochester,  as  at 
present  constituted. 

Forty-fourth  district. —  That  part  of  the  county  of  Monroe  com- 
prising the  towns  of  Chili,  Clarkson,  Gates,  Greece,  Hamlin, 
Ogden,  Parma,  Riga,  Sweden  and  Wheatland,  and  the  first,  second, 
third,  fifth,  ninth,  tenth,  eleventh,  fifteenth,  nineteenth  and 
twentieth  wards  of  the  city  of  Rochester,  as  at  present  constituted. 

Forty-fifth  district. —  Counties  of  Niagara,  Genesee  and  Orleans. 

Forty-sixth  district. —  Counties  of  Allegany,  Livingston  and 
Wyoming. 

Forty-seventh  district. —  That  part  of  the  county  of  Erie  com- 
prising the  first,  second,  third,  sixth,  fifteenth,  nineteenth, 
twentieth,  twenty-first,  twenty-second,  twenty-third  and  twenty- 
fourth  wards  of  the  city  of  Buffalo,  as  at  present  constituted. 

Forty-eighth  district. —  That  part  of  the  county  of  Erie  compris- 
ing the  fourth,  fifth,  seventh,  eighth,  ninth,  tenth,  eleventh, 
twelfth,  thirteenth,  fourteenth  and  sixteenth  wards  of  the  city  of 
Buffalo,  as  at  present  constituted. 

Forty-ninth  district. —  That  part  of  the  county  of  Erie  compris- 
ing the  seventeenth,  eighteenth  and  twenty-fifth  wards  of  the  city 
of  Buffalo,  as  at  present  constituted  ;  and  all  the  remainder  of  the 
said  county  of  Erie  not  hereinbefore  described. 

Fiftieth  district. —  Counties  of  Chautauqua  and  Cattaraugus. 


ASSEMBLY   DISTRICTS. 

(As  apportioned  by  the  constitution  of  1894,  and  divided 
into  assembly  districts  by  boards  of  supervisors  in 
June,  1895.) 

Albany  County. 

First  district. —  Composed  of  towns    of  Bethlehem,    Coeymans 
tnd   New  Scotland,  and  the  first,  fourteenth,  fifteenth,  sixteenth 


336  Political  Divisions  of  States,  Counties  and  Towns. 

and  eighteenth  wards  and  part  of  the  second  ward  of  the  city  of 
Albany ;   37,896  inhabitants  excluding  aliens. 

Second  district. — Towns  of  Berne,  Guilderland,  Knox,  Renssel- 
aerville  and  Westerlo,  and  the  seventh,  tenth,  eleventh,  thirteenth, 
seventeenth  and  nineteenth  wards  and  part  of  the  twelfth  ward  of 
the  city  of  Albany ;   37,752  inhabitants  excluding  aliens. 

Third  district. — The  third,  fourth,  fifth,  sixth,  eighth  and  ninth 
wards  and  parts  of  the  second  and  twelfth  wards  of  the  city  of 
Albany ;    38,323  inhabitants  excluding  aliens. 

Fourth  district. — The  city  of  Cohoes  and  towns  of  Colonic  and 
Watervliet ;  42,yyy  inhabitants  excluding  aliens. 

Allegany  County — One  District. 
Broome  County. 

First  district. — Towns  of  Binghamton,  Colesville,  Conklin,  Dick- 
inson, Fenton,  Kirkwood,  Sandford  and  Windsor  and  the  seventh,^ 
eighth,  ninth,  tenth,  eleventh,  twelfth  and  thirteenth  wards  of  the 
city  of  Binghamton ;    30,892  inhabitants  excluding  aliens. 

Second  district. — The  towns  of  Barker,  Chenango,  Lisle,  Maine, 
Nanticoke,  Triangle,  Union  and  Vestal,  and  the  first,  second,  third, 
fourth,  fifth  and  sixth  wards  of  the  city  of  Binghamton;  30,618 
inhabitants  excluding  aliens. 

Cattaraugus  County. 

First  district. — City  of  Olean,  towns  of  Allegany,  Ashford,  Far- 
mersville,  Franklinville,  Freedom,  Hinsdale,  Humphrey,  Ischua, 
Lyndon,  Machias,  Olean,  Portville  and  Yorkshire;  30,131  inhab- 
itants excluding  aliens. 

Second  district. — Towns  of  CarroUton,  Cold  Spring,  Cone- 
wango,  Dayton,  East  Otto,  Elko,  Ellicottville,  Great  Valley,  Leon, 
Little  Valley,  Mansfield,  Napoli,  New  Albion,  Otto,  Perrysburg, 
Persia,  Randolph,  Red  House,  Salamanca  and  South  Valley; 
29,594  inhabitants  excluding  aliens. 

Cayuga  County. 

First  district. — Towns  of  Brutus,  Cato,  Conquest,  Ira,  Mentz, 
Montezuma,  Sennett,  Sterling,  Throop,  Victory,  and  the  first, 
second,  fifih,  sixth  and  tenth  wards  of  the  city  of  Auburn;  30,536 
inhabitants  excluding  aliens. 

Second  district. — Towns  of  Aurelius,  Fleming,  Genoa,  Ledyard, 
Locke,  Moravia,  Niles,  Owasco,  Scipio,  Sempronius,  Springport, 


Assembly  Districts,  Erie  County,  -^37 

Summer  Hill  and  Venice,  and  the  third,  fourth,  seventh,  eighth 
and  ninth  wards  of  the  city  of  Auburn;  29,793  inhabitants  exclud- 
ing aliens. 

Chautauqua  County. 

First  district. —  Towns  of  Arkwright,  Busti,  Carroll,  Charlotte, 
Cherry  Creek,  Ellery,  Ellicott,  Ellington,  Gerry,  Harmony,  James- 
town, Kiantone,  Poland,  Stockton  and  Villenova;  37,353  inhabit- 
ants excluding  aliens. 

Second  district — Towns  of  Chautauqua,  Clymer,  Dunkirk,  Han- 
over, French  Creek,  Mina,  Pomfret,  Portland,  Ripley,  Sheridan, 
Sherman  and  Westfield;  36,718  inhabitants  excluding  aliens. 

Chemung  County  —  One  District. 
Chenango  County  —  One  District. 
Clinton  County  —  One  District. 
Columbia  County  —  One  District. 
Cortland  County  —  One  District. 
Delaware  County  —  One  District. 

Dutchess  County. 

First  district. —  Towns  of  Milan,  Pine  Plains,  North  East,  Stam- 
ford, Amenia,  Washington,  Pleasant  Valley,  Lagrange,  Unionvale, 
Dover,  Pawling,  Beekman,  East  Fishkill,  Fishkill  and  Wappinger's 
Falls;  37,835  inhabitants  excluding  aliens. 

Second  district. —  Towns  of  Red  Hook,  Rhinebeck,  Clinton, 
Hyde  Park,  Poughkeepsie  and  Poughkeepsie  city;  37,213  inhabit- 
ants excluding  aliens. 

Erie  County. 

First  district. —  The  first,  second,  third,  sixth,  nineteenth  and 
twentieth  wards  of  the  city  of  Buffalo;  48,249  inhabitants  exclud- 
ing aliens. 

Second  district. —  The  fifteenth,  twenty-first,  twenty-second, 
twenty-third  and  twenty-fourth  wards  of  the  city  of  Buffalo, 
51,526  inhabitants  excluding  aliens. 

Third  district. —  The  fifth,  eleventh  and  fourteenth  wards  of  the 
city  of  Buffalo;  34,216  inhabitants  excluding  aliens. 

Fourth  district. —  The  fourth,  eighth,  ninth  and  tenth  wards  of 
the  city  of  Buffalo  ;  36,470  inhabitants  excluding  aliens. 

Fifth  district. —  The  seventh,  twelfth,  thirteenth  and  sixteenth 
wards  of  the  city  of  Buffalo  ;  31,215  inhabitants  excluding  aliens. 


2,iS  Political  Divisions  of  States,  Counties  and  Towns. 

Si.x/A  district. —  The  seventeenth,  eighteenth  and  twenty-fifth 
wards  of  the  city  of  Buffalo  ;  35,767  inhabitants  excluding  aliens. 

Seventh  district. —  The  towns  of  Elma,  Manilla,  Cheektowaga, 
Lancaster,  Alden,  Newstead,  Clarence,  Amherst,  Tonawanda  and 
Grand  Island;  31,632  inhabitants  excluding  aliens. 

Eighth  district. —  The  towns  of  Collins,  Concord,  Sardinia,  North 
Collins,  Brant,  Eden,  Evans,  Boston,  Colden,  Holland,  Wales, 
Aurora,  East  Hamburgh,  Hamburgh  and  West  Seneca;  33,519 
inhabitants  excluding  aliens. 

Essex  County  —  One  District. 

Franklin  County  —  One  District. 

Fulton    and   Hamilton    Counties — One    District. 

Genesee  County  —  One  District. 

Greene  County  —  One  District. 

Herkimer  County  —  One  District. 

Jefferson  County. 

First  district. —  Towns  of  Adams,  Brownville,  Cape  Vincent, 
Clayton,  Ellisburg,  Henderson,  Hounsfield,  Lorraine,  Lyme, 
Pamelia  and  the  third  and  fourth  wards  of  the  city  of  Watertown  ; 
32,999  inhabitants  excluding  aliens. 

Second  district. —  Towns  of  Alexandria,  Antwerp,  Champion,  Le 
Ray,  Orleans,  Philadelphia,  Rodman,  Rutland,  Theresa,  Water- 
town,  Wilna  and  Worth  and  the  first  and  second  wards  of  the  city 
of  Watertown  ;  33,121  inhabitants  excluding  aliens. 

Kings  County. 
First  district. —  Beginning  at  a  point  on  the  boundary  line  of  the 
county  of  Kings,  formed  by  the  junction  of  a  line  drawn  in  con- 
tinuation of  the  center  line  of  Atlantic  avenue  in  the  city  of  Brook- 
lyn ;  thence  easterly  to  the  center  of  Henry  street  ;  thence  south- 
erly to  the  center  of  Amity  street  ;  thence  easterly  to  the  center 
of  Court  street  ;  thence  southerly  to  the  center  of  Bergen  street ; 
thence  easterly  to  the  center  of  Fourth  avenue  ;  thence  northerly 
to  the  center  of  Flatbush  avenue  ;  thence  northwesterly  to  the 
center  of  Fulton  street  ;  thence  westerly  and  northerly  and  west- 
erly to  the  center  of  Hicks  street  ;  thence  southerly  to  the  center 
of  Poplar  street  ;  thence  westerly  to  the  center  of  Willow  street  ; 
thence  southerly  to  the  center  of  Middagh   street ;   thence  west- 


Assembly  Districts,  Kings  County.  339 

crly  to  the  center  of  Columbia  Heights  ;  thence  northerly  to  the 
center  of  Doughty  street  ;  thence  westerly  to  the  center  of  Furman 
street  ;  thence  northerly  to  the  center  of  Fulton  street  ;  thence 
westerly  to  the  boundary  line  of  the  county  of  Kings  on  the  East 
river ;  thence  southerly  to  the  point  of  beginning.  Comprises 
part  of  first  ward,  the  third  ward  and  part  of  sixth  ward  of  the 
city  of  Brooklyn  ;  39,133  inhabitants  excluding  aliens. 

Second  district. —  Beginning  at  a  point  on  the  boundary  line  of 
the  county  of  Kings  on  the  East  river,  formed  by  the  junction  of 
a  line  drawn  in  continuation  of  the  center  line  of  Fulton  street  ; 
running  thence  easterly  along  the  center  of  Fulton  street  to  the 
center  of  Furman  street  ;  thence  southerly  to  the  center  of 
Doughty  street  ;  thence  easterly  to  the  center  of  Columbia 
Heights  ;  thence  southerly  to  the  center  of  Middagh  street  ;  thence 
easterly  to  the  center  of  Willow  street  ;  thence  northerly  to  the 
center  of  Poplar  street  ;  thence  easterly  to  the  center  of  Hicks 
street ;  thence  northerly  to  the  center  of  Fulton  street  ;  thence 
easterly,  southerly  and  easterly  to  the  center  of  Bridge  street  ; 
thence  northerly  to  the  center  of  Johnson  street  ;  thence  easterly 
to  the  center  of  Navy  street  ;  thence  northerly  to  the  boundary 
line  of  the  United  States  navy  yard  ;  thence  northerly  along  said 
boundary  line  to  a  point  on  the  boundary  line  of  the  county  of 
Kings  on  the  East  river  ;  thence  along  said  boundary  line  west- 
erly to  the  place  of  beginning.  Comprises  the  second,  fourth  and 
fifth  wards  and  part  of  first  ward  of  the  city  of  Brooklyn  ;  38,958 
inhabitants  excluding  aliens. 

Third  district. —  Beginning  at  a  point  on  the  boundary  line  of 
the  county  of  Kings  on  the  East  river,  formed  by  the  junction  of 
a  line  drawn  in  continuation  of  the  center  line  of  Atlantic  avenue  ; 
running  thence  easterly  along  the  center  of  Atlantic  avenue  to  the 
center  of  Henry  street  ;  thence  southerly  to  the  center  of  Amity 
street  ;  thence  easterly  to  the  center  of  Court  street  ;  thence  south- 
erly to  the  center  of  Fourth  place  ;  thence  westerly  along  the 
center  of  Fourth  place  and  Coles  street  to  the  center  of  Hamilton 
avenue  ;  thence  northwesterly  along  the  center  of  Hamilton  ave- 
nue to  a  point  on  the  boundary  line  of  the  county  of  Kings  on  the 
East  river  ;  thence  along  the  East  river  northerly  to  the  place  of 
beginning.  Comprises  the  sixth  ward,  except  the  third  election 
district  of  the  city  of  Brooklyn;  39,382  inhabitants  excluding  aliens. 

Fourth  district. —  Beginning  at  a  point  on  the  boundary  line  of 
the  county  of  Kings  on  the   East   river,  on  a  line  drawn  through 


340    Political  Divisions  of  States,  Counties  and  Towns. 

the  center  of  Division  avenue  ;  thence  easterly  along  the  center 
of  Division  avenue  to  a  point  where  the  center  line  of  Lee  ave- 
nue forms  a  junction  with  the  center  line  of  Division  avenue; 
thence  southeasterly  to  the  center  of  Rodney  street;  thence  south- 
westerly to  the  center  of  Bedford  avenue;  thence  southeasterly 
and  again  southerly  to  the  center  of  Flushing  avenue;  thence 
easterly  to  the  center  of  Sanford  street;  thence  southerly  to  the 
center  of  Park  avenue;  thence  easterly  to  the  center  of  Nostrand 
avenue;  thence  southerly  to  the  center  of  Myrtle  avenue;  thence 
westerly  to  the  center  of  Bedford  avenue;  thence  southerly  to  the 
center  of  Breevort  place;  thence  westerly  to  the  center  of  Frank- 
lin avenue;  thence  southerly  to  the  center  of  Atlantic  avenue; 
thence  westerly  to  the  center  of  Washington  avenue;  thence  to 
its  junction  with  the  center  of  the  Wallabout  canal;  thence  north- 
westerly to  its  point  of  intersection  with  the  boundary  line  of  the 
county  of  Kings  on  the  East  river;  thence  northerly  to  the  place 
of  beginning.  Comprises  the  seventh  ward,  part  of  nineteenth 
ward  and  part  of  twenty-first  ward  of  the  city  of  Brooklyn;  47,552 
inhabitants  excluding  aliens. 

Fifth  district. —  Beginning  at  a  point  on  the  boundary  line  of  the 
county  of  Kings  on  the  East  river,  where  the  same  would  be  inter- 
sected by  the  center  line  of  Grand  street,  running  thence  south- 
easterly to  the  center  line  of  Rodney  street;  thence  southwesterly 
to  the  center  line  of  Broadway;  thence  southeasterly  to  the  center 
line  of  Flushing  avenue;  thence  westerly  to  the  center  of  Bedford 
avenue;  thence  northwesterly  and  again  northwesterly  to  the 
center  of  Rodney  street;  thence  northeasterly  to  the  center  of 
Lee  avenue;  thence  northwesterly  to  the  center  of  Division 
avenue;  thence  westerly  and  again  westerly  to  a  point  on  the 
boundary  line  of  the  county  of  Kings  on  the  East  river;  thence 
northwesterly  and  northerly  to  the  place  of  beginning.  Comprises 
the  thirteenth  ward  and  part  of  nineteenth  ward  of  the  city  of 
Brooklyn;  48,075  inhabitants  excluding  aliens. 

Sixth  district. —  Beginning  at  a  point  formed  by  the  intersection 
of  the  center  lines  of  Lafayette  avenue  and  Broadway;  running 
thence  northwesterly  to  the  center  of  Flushing  avenue;  thence 
westerly  to  the  center  of  Sanford  street;  thence  southerly  to  the 
center  of  Park  avenue;  thence  easterly  to  the  center  of  Nostrand 
avenue;  thence  southerly  to  the  center  of  Myrtle  avenue;  thence 
westerly  to  the  center  of  Bedford  avenue;  thence  southerly  to  the 
center  of  Lafayette  avenue;  thence  easterly  along  the  center  of 


Assembly  Districts,  Kings  County.  341 

Lafayette  avenue  to  the  place  of  beginning.  Comprises  the 
twenty-first  ward,  except  election  districts  one,  two  and  three,  of 
the  city  of  Brooklyn;  48,033  inhabitants  excluding  aliens. 

Seventh  district. —  Beginning  at  a  point  on  the  Gowanus  canal, 
formed  by  the  junction  of  a  line  drawn  in  continuation  of  the 
center  line  of  Nineteenth  street;  thence  southeasterly  to  the  center 
of  Third  avenue  ;  thence  southwesterly  to  the  center  of  Twen- 
tieth street  ;  thence  southeasterly  to  the  center  of  Sixth  avenue  ; 
thence  southwesterly  to  the  center  of  Twenty-third  street  ;  thence 
southeasterly  to  the  center  of  Seventh  avenue  ;  thence  north- 
easterly to  the  center  of  Twentieth  street  ;  thence  southeasterly 
along  the  southerly  side  of  Twentieth  street  to  a  point  distant  one 
hundred  feet  northwesterly  from  the  corner  formed  by  the  inter- 
section of  the  southerly  side  of  Twentieth  street  with  the  westerly 
side  of  Ninth  avenue  ;  thence  southwesterly  on  a  line  parallel 
with  and  distant  one  hundred  feet  from  the  westerly  side  of  Ninth 
avenue  to  the  northerly  line  of  Twenty-first  street  ;  thence  south- 
easterly along  the  northerly  line  of  Twenty-first  street  to  the 
westerly  line  of  Ninth  avenue,  and  thence  northeasterly  along  the 
westerly  line  of  Ninth  avenue  to  the  southerly  side  of  Twentieth 
street  ;  thence  southeasterly  along  the  southerly  side  of  Twentieth 
street  to  the  westerly  line  of  Tenth  avenue  ;  thence  southwesterly 
along  the  westerly  line  of  Tenth  avenue  to  the  southerly  side  of 
Twenty-second  street,  as  laid  down  in  the  commissioners'  map  of 
the  city  of  Brooklyn  ;  thence  southeasterly  along  the  southerly 
side  of  Twenty-second  street  as  so  laid  down  ;  thence  again 
southerly  to  the  boundary  line  separating  the  city  of  Brooklyn 
from  the  former  town  of  Flatbush,  thence  westerly  and  again 
northwesterly  along  said  boundary  line  to  its  junction  with  the 
boundary  line  separating  the  former  town  of  New  Utrecht  from 
the  city  of  Brooklyn  ;  thence  along  said  boundary  line,  first  south- 
erly and  following  in  all  other  directions  along  the  boundary  line 
separating  the  town  of  Flatlands  and  the  former  town  of  Graves- 
end,  continuing  along  the  southerly  boundary  line  of  the  county 
of  Kings,  formed  by,  or  on  the  waters  of  the  Atlantic  ocean, 
Gravesend  bay,  the  Narrows,  New  York  bay,  Gowanus  bay,  the 
East  river  and  Gowanus  canal  to  the  place  of  beginning.  Com- 
pris-es  part  of  the  eighth  ward,  the  thirtieth  and  thirty-first  wards 
of  the  city  of  Brooklyn;  37,559  inhabitants  excluding  aliens. 

Eighth  district. —  Beginning  at  a  point  formed  by  the  junction  of 
the  center  line  of  First  place  with  the  center  line  of  Court  street; 


342    Political  Divisions  of  States,  Counties  and  Towns. 

running  thence  southeasterly  along  the  center  of  First  place  to  the 
center  of  Smith  street;  thence  southwesterly  to  the  center  of  Second 
street;  thence  southeasterly  to  the  center  of  Bond  street;  thence 
northeasterly  to  the  center  of  First  street  to  the  Gowanus  canal; 
thence  easterly  and  northeasterly  along  the  Gowanus  canal  to  the 
center  of  First  street;  thence  southeasterly  to  the  center  of  Fourth 
avenue;  thence  northeasterly  to  the  center  of  Bergen  street;  thence 
northwesterly  to  the  center  of  Court  street;  thence  southwesterly 
along  the  center  of  Court  street  to  the  place  of  beginning.  Com- 
prises the  tenth  ward,  except  election  districts  twenty-five,  twenty- 
six  and  twenty-seven  of  the  city  of  Brooklyn;  38,799  inhabitants 
excluding  aliens. 

Ninth  district. —  Beginning  at  a  point  formed  by  the  junction  of 
the  center  line  of  First  place  with  the  center  line  of  Court  street; 
running  thence  southeasterly  along  the  center  of  First  place  to 
the  center  of  Smith  street;  thence  southwesterly  to  the  center  of 
Second  street;  thence  southeasterly  along  the  center  of  Second 
street  to  the  center  of  Bond  street;  thence  northeasterly  to  the 
center  of  First  street;  thence  along  First  street  to  its  intersection 
with  Gowanus  canal;  thence  along  Gowanus  canal  in  all  its  direc- 
tions to  its  intersection  with  Prospect  avenue;  thence  south- 
easterly along  Prospect  avenue  to  the  center  of  Sixth  avenue;  thence 
southwesterly  to  the  center  of  Twentieth  street;  thence  north- 
westerly to  the  center  of  Third  avenue;  thence  northerly  to  the 
center  of  Nineteenth  street;  thence  northwesterly  to  the  Gowanus 
canal;  thence  southwesterly  along  said  canal  to  Gowanus  bay; 
thence  north  and  northwest  along  the  boundary  line  of  the  county 
of  Kings  to  a  point  on  the  East  river  opposite  the  center  of  Ham- 
ilton avenue;  thence  southeasterly  along  the  center  of  Hamilton 
avenue  to  its  intersection  with  the  center  line  of  Coles  street; 
thence  northeasterly  to  the  center  of  Henry  street;  thence  south- 
easterly to  the  center  of  Fourth  place;  thence  northeasterly  to  the 
center  of  Court  street;  thence  northeasterly  to  the  place  of  begin- 
ning. Comprises  the  twelfth  ward,  part  of  tenth  ward  and  part  of 
eighth  ward  of  the  city  of  Brooklyn;  38,068  inhabitants  excluding 
aliens. 

Tenth  district. —  Beginning  at  a  point  on  the  boundary  line  of 
the  county  of  Kings  on  the  East  river  or  Wallabout  bay  formed 
by  the  junction  of  a  line  drawn  in  continuation  of  the  center  line 
of  Washington  avenue;  running  thence  southerly  along  the  center 
of  Washington  avenue   to  the  center  of  Atlantic  avenue;  thence 


AssEMRLY  Districts,  Kings  County.  343 

westerly  to  the  center  of  South  Portland  avenue;  thence  north- 
westerly to  the  center  of  Fulton  street;  thence  westerly  to  the 
center  of  Fort  Greene  place;  thence  northerly  to  the  center  of 
De  Kalb  avenue;  thence  westerly  to  the  center  of  Rockwell  place; 
thence  southerly  to  the  center  of  Flatbush  avenue;  thence  north- 
erly to  the  center  of  Fulton  street;  thence  westerly  to  the  center 
of  Bridge  street;  thence  northerly  to  the  center  of  Johnson  street; 
thence  easterly  to  the  center  of  Navy  street;  thence  northerly  to 
the  boundary  line  of  the  United  States  navy  yard;  and  a  line  in 
continuation  thereof  to  its  junction  with  the  boundary  line  of  the 
county  of  Kings  on  the  East  river  or  Wallabout  bay;  thence 
easterly  along  said  boundary  line  to  the  place  of  beginning. 
Comprises  the  twentieth  ward  and  part  of  the  eleventh  ward  of 
the  city  of  Brooklyn;  41,041  inhabitants  excluding  aliens. 

Eleventh  district. —  Beginning  at  a  point  formed  by  the  junction 
of  the  center  lines  of  Franklin  and  Atlantic  avenues;  running 
thence  westerly  along  the  center  line  of  Atlantic  avenue  to  the 
center  of  South  Portland  avenue;  thence  northerly  to  the  center 
of  Fulton  street;  thence  westerly  to  the  center  of  Fort  Greene 
place;  thence  northerly  to  the  center  of  De  Kalb  avenue;  thence 
westerly  to  the  center  of  Rockwell  place;  thence  southerly  to  the 
center  of  Flatbush  avenue;  thence  southeasterly  to  the  center  of 
Fourth  avenue;  thence  southwesterly  to  the  center  of  Garfield 
place;  thence  southeasterly  to  the  center  of  Seventh  avenue; 
thence  northeasterly  to  the  center  of  Carroll  street;  thence  easterly 
to  the  center  of  Ninth  avenue;  thence  northerly  along  the  center 
of  Ninth  avenue  continuing  to  a  point  at  the  center  of  Flatbush 
avenue;  thence  southeasterly  to  its  junction  with  the  boundary 
line  of  the  former  town  of  Flatbush;  thence  northeasterly  and 
southeasterly  along  said  boundary  line  to  a  point  formed  by  the 
junction  of  the  center  line  of  Franklin  avenue;  thence  north- 
easterly along  the  center  line  of  Franklin  avenue  to  the  place  of 
beginning.  Comprises  the  ninth  ward,  part  of  the  eleventh  ward 
and  part  of  the  twenty-second  ward  of  the  city  of  Brooklyn; 
41,461  inhabitants  excluding  aliens. 

Twelfth  district. —  Beginning  at  a  point  on  the  Gowanus  canal 
formed  by  the  junction  of  a  line  drawn  in  continuation  of  the 
center  line  of  Prospect  avenue;  thence  southeasterly  along  Pros- 
pect avenue  to  the  center  line  of  Sixth  avenue;  thence  south- 
westerly to  the  center  of  Twenty-third  street;  thence  southeasterly 
to  the  center  of  Seventh  avenue;  thence  northeasterly  to  the  cen- 


344    Political  Divisions  of  States,  Counties  and  Towns. 

ter  oi  Twentieth  street;  thence  southeasterly  along  the  southerly 
side  of  Twentieth  street  to  a  point  distant  one  hundred  feet  north- 
westerly from  the  corner  formed  by  the  intersection  of  the 
southerly  side  of  Twentieth  street  with  the  westerly  side  of  Ninth 
avenue;  thence  southwesterly  on  a  line  parallel  with  and  distant 
one  hundred  feet  from  the  westerly  side  of  Ninth  avenue  to  the 
northerly  line  of  Twenty-first  street;  thence  southeasterly  along 
the  northerly  line  of  Twenty-first  street  to  the  westerly  line  of 
Ninth  avenue  and  thence  northeasterly  along  the  westerly  line  of 
Ninth  avenue  to  the  southerly  side  of  Twentieth  street;  thence 
southeasterly  along  the  southerly  side  of  Twentieth  street  to  the 
westerly  line  of  Tenth  avenue;  thence  southwesterly  along  the 
westerly  line  of  Tenth  avenue  to  the  southerly  side  of  Twenty- 
second  street,  as  laid  down  on  the  commissioners'  map  of  the  city 
of  Brooklyn  ;  thence  southeasterly  along  the  southerly  side  of 
Twenty-second  street,  as  so  laid  down,  to  the  line  separating  the 
former  town  of  Flatbush  from  the  city  of  Brooklyn;  thence  along 
said  boundary  line  in  all  its  directions  to  the  center  line  of  Flat- 
bush  avenue  ;  thence  northwesterly  along  Flatbush  avenue  to  a 
point  on  the  Plaza  opposite  the  center  of  Ninth  avenue  ;  thence 
southwesterly  along  the  center  of  Ninth  avenue  to  the  center  of 
Carroll  street  ;  thence  northwesterly  to  the  center  of  Seventh 
avenue;  thence  southwesterly  to  the  center  of  Garfield  place; 
thence  northwesterly  to  the  center  of  Fourth  avenue  ;  thence 
southwesterly  to  the  center  of  First  street  ;  thence  northwesterly 
to  the  center  of  Second  avenue  ;  thence  southwesterly  to  the 
center  line  of  the  Gowanus  canal  ;  thence  southwesterly  along  the 
Gowanus  canal  to  the  place  of  beginning.  Comprises  part  of 
twenty-second  ward  and  part  of  former  eighth  ward  of  the  city  of 
Brooklyn  ;  40,682  inhabitants  excluding  aliens. 

*  Thirteenth  district. —  Beginning  at  a  point  formed  by  the  junc^ 
tion  of  the  centre  line  of  Ten  Eyck  street  with  the  centre  line  of 
Bushwick  avenue,  running  thence  northerly  along  the  centre  line 
of  Bushwick  avenue  to  its  junction  with  the  centre  line  of  North 
Second  street  ;  thence  westerly  to  its  junction  with  the  centreline 
of  Humboldt  street  ;  thence  northerly  to  its  junction  with  the 
centre  line  of  Richardson  street  ;  thence  westerly  to  its  junction 
with  the  centre  line  of  Meeker  avenue  ;  thence  northeasterly  along 
the  centre  line  of  Meeker  avenue  to  its  junction  with  the  boundary 
line  between  the  counties  of  Kings  and  Queens  ;  thence  along 
said  boundary  line  to  its  point  of  junction  with  the  centre  line  of 

•  Thus  reapportioned  by  order  of  court,  Sept.  83,  1895 


Assembly  Districts,  Kings  County.  345 

Vail  street;  thence  southwesterly  to  its  junction  with  the  center 
line  of  Colyer  street;  thence  westerly  along  the  center  line  of 
Colyer  street  to  its  point  of  junction  with  the  center  line  of  Oak- 
land street;  thence  northerly  to  the  center  line  of  Greenpoint 
avenue;  thence  westerly  to  its  point  of  junction  with  the  center 
line  of  Manhattan  avenue;  thence  northerly  to  its  junction  with 
the  center  line  of  Kent  street;  thence  westerly  to  its  junction  with 
the  center  line  of  Franklin  street;  thence  southerly  to  its  junction 
with  the  center  line  of  Noble  street;  thence  easterly  to  its  junc- 
tion with  the  center  line  of  Manhattan  avenue;  thence  southerly 
to  its  junction  with  the  center  line  of  Norman  avenue;  thence 
southwesterly  to  its  junction  with  the  center  line  of  Banker 
street  and  Wythe  avenue;  thence  southwesterly  along  the  center 
line  of  Wythe  avenue  to  its  intersection  with  the  center  line  of 
North  Fourteenth  street;  thence  southeasterly  to  its  junction 
with  the  center  line  of  Driggs  avenue;  thence  southwesterly  to 
its  junction  with  the  center  line  of  Union  avenue;  thence  south- 
erly to  its  junction  with  the  center  line  of  Grand  street;  thence 
westerly  to  its  junction  with  the  center  line  of  Hooper  street; 
thence  southerly  along  the  center  line  of  Hooper  street  to  the 
center  line  of  South  First  street;  thence  easterly  along  the  center 
line  of  South  First  street  and  Maujer  street  to  its  junction  with 
the  center  line  of  Leonard  street;  thence  southerly  to  its  junction 
with  the  center  line  of  Ten  Eyck  street;  thence  easterly  along  the 
center  line  of  Ten  Eyck  street  to  the  place  of  beginning.  Com- 
prises part  of  the  seventeenth  ward  and  part  of  the  fifteenth  ward 
of  the  city  of  Brooklyn;  45,198  inhabitants,  excluding  aliens. 

^Fourteenth  district. —  Beginning  at  a  point  on  the  boundary 
line  of  the  county  of  Kings,  on  the  East  river,  opposite  the 
center  of  Grand  street,  running  thence  easterly  along  the  center 
of  Grand  street  to  its  junction  with  the  center  line  of  Have- 
meyer  street;  thence  northerly  to  its  junction  with  the  center 
line  of  North  Second  street;  thence  easterly  to  its  junction  with 
the  center  line  of  Marcy  avenue;  thence  southerly  to  its  junction 
with  the  center  line  of  Ainslie  street;  thence  easterly  to  its  junc- 
tion with  the  center  line  of  Rodney  street;  thence  northerly  to 
its  junction  with  the  center  line  of  North  Second  street;  thence 
easterly  to  its  junction  with  the  center  line  of  Union  avenue; 
thence  northerly  to  its  junction  with  the  center  line  of  Driggs 
street;  thence  northerly  to  its  junction  with  the  center  line  of 
North  Fourteenth  street;  thence  northwesterly  to  its  junction 
with  the  center  line  of  Wythe  avenue;  thence  northerly  to  its 
junction  with  the  center  lines  of  Banker  street  and  Norman 
avenue;  thence  northeasterly  along  the  center  line  of  Norman 
avenue  to  its  junction  with  the  center  line  of  Manhattan  avenue: 
thence  northerly  to  its  junction  with  the  center  line  of  Noble 

*  Thus  reapportioned  by  order  of  court,  September  23, 1896. 


346   Political  Divisions  of  States,  Counties  and  Towns. 

street;  thence  westerly  to  its  junction  with  the  center  Une  of 
Franklin  street;  thence  northerly  to  its  junction  with  the  center 
line  of  Kent  street;  thence  easterly  to  its  junction  with  the  center 
line  of  Manhattan  avenue;  thence  southerly  to  its  junction  with 
the  center  line  of  Greenpoint  avenue;  thence  easterly  to  its  junc- 
tion with  the  center  line  of  Oakland  street;  thence  southerly  to 
its  junction  with  the  center  line  of  Colyer  street;  thence  easterly 
along  the  center  line  of  Colyer  street  to  its  junction  with  the 
center  of  Vail  street;  thence  along  the  center  line  of  Vail  street 
to  its  point  of  junction  with  the  boundary  line  separating  the 
counties  of  Kings  and  Queens;  thence  along  said  boundary  line 
in  all  its  directions  to  its  junction  with  the  boundary  line  of  the 
county  of  Kings  on  the  East  river;  thence  southerly  along  said 
boundary  line  to  the  place  of  beginning.  Comprises  part  of  the 
fourteenth  ward  and  part  of  the  seventeenth  ward  of  the  city  of 
Brooklyn;  45,631  inhabitants,  excluding  aliens. 

*  Fifteenth  district. —  Beginning  at  a  point  formed  by  the  junc- 
tion of  the  centre  line  of  Rodney  street  with  the  centre  line  of 
Broadway,  running  thence  southeasterly  along  Broadway  to  its 
intersection  by  the  centre  line  of  Flushing  avenue ;  thence  east- 
erly to  its  junction  with  the  centre  line  of  Flushing  avenue  ; 
thence  easterly  to  its  junction  with  the  centre  line  of  Bushwick 
avenue  ;  thence  northerly  along  the  centre  line  of  Bushwick  ave- 
nue or  road,  as  the  same  was  originally  laid  down  on  the  commis- 
sioners' map  of  the  town  of  Bushwick,  to  its  point  of  junction  with 
the  centre  line  of  Ten  Eyck  street ;  thence  westerly  to  its  inter- 
section by  the  centre  line  of  Leonard  street ;  thence  northerly  to- 
its  junction  with  the  centre  line  of  Mauger  street;  thence  north- 
erly along  the  centre  line  of  Mauger  street  and  South  First 
street  to  its  junction  with  the  centre  line  of  Hooper  street  ;  thence 
northerly  to  its  junction  with  the  center  line  of  Grand  street ; 
thence  easterly  to  its  junction  with  the  centre  line  of  Union  ave- 
nue ;  thence  northerly  to  its  junction  with  the  centre  line  of  North 
Second  street ;  thence  westerly  to  its  junction  with  the  centre  line 
of  Rodney  street ;  thence  southerly  to  its  junction  with  the  centre 
line  of  Ainslie  street  ;  thence  westerly  to  its  junction  with  the 
centre  line  of  Marcy  avenue  ;  thence  northerly  to  its  junction 
with  the  centre  line  of  North  Second  street  ;  thence  westerly  to 
its  junction   with   the  centre  line   of  Havemeyer  street  ;    thence 

*  Thus  reapportioned  by  o'der  of  court,  Aug.  s,  1895. 


Assembly  Districts,  Kings  County.  347 

southerly  to  its  junction  with  the  centre  line  of  Grand  street  • 
thence  easterly  to  its  junction  with  the  centre  of  Rodney  street  • 
thence  southerly  along  the  centre  line  of  Rodney  street  to  the 
place  of  beginning.  The  said  fifteenth  assembly  district  herein- 
before described  comprises  the  sixteenth  ward,  part  of  the  fifteenth 
ward,  and  part  of  the  fourteenth  ward  of  the  city  of  Brooklyn  ; 
45,759  inhabitants  excluding  aliens. 

Sixteenth  district. —  Beginning  at  a  point  formed  by  the  junction 
ot  the  centre  lines  of  Lafayette  and  Stuyvesant  avenues  ;  running 
thence  easterly  along  the  centre  of  Lafayette  avenue  to  its  inter- 
section by  the  centre  line  of  Broadway  ;  thence  southeasterly  along 
the  centre  of  Broadway  to  the  boundary  line  between  the  city  of 
Brooklyn  and  the  former  town  of  New  Lots  ;  thence  southerly  along 
said  boundary  line  to  its  intersection  by  the  centre  line  of  Atlantic 
avenue;  thence  westerly  to  the  centre  of  Schenectady  avenue  ; 
thence  northerly  to  the  centre  of  Fulton  street  ;  thence  easterly  to 
the  centre  of  Stuyvesant  avenue  ;  thence  northerly  to  the  place 
of  beginning.  Comprises  the  twenty-fifth  ward  and  part  of  the 
twenty-third  ward,  defined  by  a  line  along  the  center  of  Stuyve- 
sant and  Schenectady  avenues  of  the  city  of  Brooklyn;  37,981 
inhabitants  excluding  aliens. 

Seventeenth  district. —  Beginning  at  a  point  formed  by  the  junc- 
tion of  the  center  lines  of  Lafayette  and  Stuyvesant  avenues; 
running  thence  southerly  to  the  center  of  Bainbridge  street;  thence 
westerly  to  the  center  of  Sumner  avenue;  thence  northerly  to  the 
center  of  McDonough  street;  thence  westerly  to  the  center  of 
Tompkins  avenue;  thence  southerly  to  the  center  of  Fulton  street; 
thence  westerly  to  the  center  of  New  York  avenue;  thence  southerly 
to  the  center  of  Atlantic  avenue;  thence  westerly  to  the  center  of 
Franklin  avenue;  thence  northerly  to  the  center  of  Breevoort 
place;  thence  easterly  to  the  center  of  Bedford  avenue;  thence 
northerly  to  the  center  of  Lafayette  avenue;  thence  easterly  along 
the  center  ot  Lafayette  ave;iue  to  the  place  of  beginning.  Com- 
prises the  twenty-third  ward,  election  districts  one  to  twenty  of 
the  former  twenty-third  ward,  and  districts  one,  part  of  four,  and 
all  of  fifth,  sixth,  seventh,  fifteenth,  sixteenth,  seventeenth  and 
eighteenth  of  the  former  twenty-fifth  ward  of  the  city  of  Brooklyn; 
37,641  inhabitants  excluding  aliens. 

Eighteenth  district. —  Beginning  at  a  point  formed  by  the  junc- 
tion of  Franklin  and  Atlantic  avenues;  running  thence  easterly 
along  the  center  of  Atlantic  avenue,  to  the  center  of   New  York 


34S   Political  Divisions  of  States,  Counties  and  Towns. 

»venue;  thence  northerly  to  the  center  of  Fulton  street;  thence 
easterly  to  the  center  of  Tompkins  avenue;  thence  northerly  to 
the  center  of  McDonough  street;  thence  easterly  to  the  center  of 
Sumner  avenue;  thence  southerly  to  the  center  of  Bainbridge 
street;  thence  easterly  to  the  center  of  Stuyvesant  avenue;  thence 
southerly  to  the  center  of  Fulton  street;  thence  westerly  to  the 
center  of  Schenectady  avenue;  thence  southerly  to  the  center  of 
Atlantic  avenue;  thence  easterly  to  the  boundary  line  between 
the  city  of  Brooklyn  and  the  former  town  of  New  Lots;  thence 
westerly  along  said  boundary  line  to  its  point  of  junction  with  the 
boundary  line  of  the  former  town  of  Flatbush;  thence  southerly 
along  said  boundary  line  to  its  junction  with  the  boundary  line 
of  the  town  of  Flatlands;  thence  northeasterly  and  again  easterly 
and  southerly  in  all  its  directions  along  the  boundary  line  of  the 
town  of  Flatlands;  thence  southerly  and  northerly  along  the 
boundary  line  separating  the  town  of  Flatlands  and  the  former 
town  of  New  Lots,  continuing  the  said  line  in  all  its  directions 
along  the  boundary  line  of  the  county  of  Kings  formed  by  or  on 
the  waters  of  Jamaica  bay  and  Atlantic  ocean,  to  its  meeting  with 
the  boundary  line  separating  the  former  towns  of  Flatbush  and 
Gravesend;  thence  along  said  boundary  line  in  all  its  directions 
to  the  boundary  line  separating  the  former  towns  of  Flatbush  and 
New  Utrecht;  thence  along  said  boundary  line  in  all  its  directions 
to  its  junction  with  the  boundary  line  separating  the  said  former 
town  of  Flatbush  from  the  city  of  Brooklyn;  thence  along  said 
line  in  all  its  directions  to  its  intersection  by  the  center  line  of 
Franklin  avenue;  thence  to  the  place  of  beginning.  Comprises 
the  twenty-fourth  and  twenty-ninth  wards,  the  town  of  Flatlands 
and  part  of  twenty-third  ward  of  the  city  of  Brooklyn;  37,504 
inhabitants  excluding  aliens. 

Nineteenth  district. —  Beginning  at  the  center  of  the  intersection 
of  Richardson  street  and  Meeker  avenue;  running  thence  in  a 
northeasterly  direction  along  the  center  of  Meeker  avenue  to  the 
boundary  line  between  the  county  of  Kings  and  the  county  of 
Queens;  thence  southerly  in  all  its  directions  along  said  boundary 
line  to  its  junction  with  the  center  line  of  Jefferson  street;  thence 
westerly  to  the  center  of  Evergreen  avenue;  thence  southerly  to 
the  center  of  Troutman  street;  thence  northeasterly  to  the  center 
of  Central  avenue;  thence  southeasterly  to  the  center  of  Cedar 
street;  thence  westerly  to  the  center  of  Bushwick  avenue;  thence 
southeasterly  to  the  intersection  of  the  center  of  Lafayette  avenue; 
21 


Assembly  Districts,  Kings  County.  349 

thence  westerly  to  the  center  of  Broadway;  thence  northwesterly 
to  the  center  of  Flushing  avenue;  thence  easterly  to  the  intersec- 
tion of  Flushing  and  Bushwick  avenues;  thence  in  a  northerly, 
northwesterly,  northeasterly,  and  again  northwesterly  direction 
along  the  center  of  Bushwick  avenue  to  the  center  of  the  intersec- 
tion of  Bushwick  avenue  and  North  Second  street;  thence  west- 
erly along  the  center  of  North  Second  street  to  Humboldt  street; 
thence  northerly  along  the  center  of  Humboldt  street  to  the  center 
of  the  intersection  of  Humboldt  and  Richardson  streets;  thence 
northwesterly  along  the  center  of  Richardson  street  to  the  place 
of  beginning.  Comprises  the  eighteenth  ward  and  parts  of  the 
twenty-seventh  and  twenty-eighth  wards  of  the  city  of  Brooklyn; 
39,538  inhabitants  excluding  aliens. 

Twentieth  district. —  Beginning  at  a  point  formed  by  the  junction 
of  the  center  lines  of  Broadway  and  Cooper  avenue;  running 
thence  northeasterly  to  the  center  of  Evergreen  avenue;  thence 
northwesterly  to  the  center  of  Hancock  street;  thence  northeast- 
erly to  the  center  of  Central  avenue;  thence  northwesterly  to  the 
center  of  Linden  street;  thence  northeasterly  to  the  center  of 
Knickerbocker  avenue;  thence  southeasterly  to  the  center  of  Put- 
nam avenue;  thence  northeasterly  to  its  junction  with  the  bound- 
ary line  of  the  county  of  Kings  and  the  county  of  Queens;  thence 
northerly  to  the  center  of  Jefferson  street;  thence  southwesterly 
to  the  center  of  Evergreen  avenue;  thence  southeasterly  to  the 
center  of  Troutman  street;  thence  northeasterly  to  the  center  of 
Central  avenue;  thence  southeasterly  to  the  center  of  Cedar 
street;  thence  southwesterly  to  the  center  of  Bushwick  avenue; 
thence  southeasterly  to  the  center  of  Lafayette  avenue;  thence 
southwesterly  to  the  center  of  Broadway;  thence  southeasterly  to 
the  place  of  beginning.  Comprises  part  of  the  twenty-eighth 
ward  and  part  of  the  twenty-seventh  ward  in  the  city  of  Brook- 
lyn; 38,836  inhabitants  excluding  aliens. 

Twenty-first  district. —  Beginning  at  a  point  formed  by  the  junc- 
tion of  the  center  lines  of  Broadway  and  Cooper  avenue;  running 
thence  northeasterly  to  the  center  of  Evergreen  avenue;  thence 
northwesterly  to  the  center  of  Hancock  street;  thence  north- 
easterly to  the  center  of  Central  avenue;  thence  northwesterly  to 
the  center  of  Linden  street;  thence  northeasterly  to  the  center  of 
Knickerbocker  avenue;  thence  southeasterly  to  the  center  of  Put- 
nam avenue;  thence  along  the  center  line  of  Putnam  avenue  to  its 
point  of  junction  with  the  boundary  line  between  the  county  of 


350    Political  Divisions  of  States,  Counties  and  Towns. 

Kings  and  the  county  of  Queens;  running  thence  southeasterly 
along  the  said  boundary  line  and  again  northeasterly  along  said 
boundary  line,  and  again  southerly  along  said  boundary  line,  and 
again  along  the  southerly  boundary  line  of  the  former  town  of 
New  Lots  to  its  junction  with  the  boundary  line  of  the  town  of 
Flatlands;  thence  northerly,  westerly  and  again  northerly  and 
westerly,  and  southwesterly,  and  again  northerly  to  the  junction 
of  said  boundary  line  with  the  boundary  line  of  the  former  town 
of  Flatbush;  thence  northeasterly  along  said  boundary  line  to  its 
intersection  by  the  center  line  of  Broadway;  thence  northwesterly 
along  the  center  line  of  Broadway  to  the  place  of  beginning. 
Comprises  the  twenty-sixth  ward  and  part  of  twenty-eighth  ward 
of  the  city  of  Brooklyn;  38,738  inhabitants  excluding  aliens. 

Lewis  County  —  One  District. 
Livingston  County  —  One  District. 
Madison  County  —  One  District. 

Monroe  County. 

First  district. —  Towns  of  Brighton,  Henrietta,  Irondequoit, 
Mendon,  Penfield,  Perinton,  Pittsford,  Rush,  Webster  and  six- 
teenth, seventeenth  and  eighteenth  wards  of  the  city  of  Rochester; 
44,583  inhabitants  excluding  aliens. 

Second  district. —  The  fourth,  sixth,  seventh,  eighth,  twelfth, 
thirteenth  and  fourteenth  wards  of  the  city  of  Rochester;  45,414 
inhabitants  excluding  aliens. 

Third  district. —  The  first,  second,  third,  fifth,  ninth,  tenth  and 
eleventh  wards  of  the  city  of  Rochester;  44,733  inhabitants  exclud- 
ing aliens. 

Fourth  district. —  Towns  of  Chili,  Clarkson,  Gates,  Greece,  Ham- 
lin, Ogden,  Parma,  Riga,  Sweden  and  Wheatland  and  the  fifteenth, 
nineteenth  and  twentieth  wards  of  the  city  of  Rochester;  45,730 
inhabitants  excluding  aliens. 

Montgomery  County  —  One  District, 

New  York  County. 
First  district. —  That  portion  of  the  tenth  senate  district  within 
and  bounded  by  a  line  beginning  at  the  Hudson  or  North  river 
and  Canal  street;  running  thence  along  Canal  street  to  Hudson 
street,  to  Dominick  street,  to  Varick  street,  to  Broome  street,  to 
Sullivan  street,  to  Spring  street,  to  Broadway,  to  Fulton  street,  to 


Assembly  Districts,  New  York  County.  351 

William  street,  to  Wall  street,  to  Broadway,  to  Whitehall  street, 
to  the  East  river  and  East  and  Hudson  or  North  river,  to  the 
place  of  beginning,  and  also  Governor's  and  Bedloe's  island;  also 
Ellis  island;  39,740  inhabitants,  excluding  aliens. 

Second  district. —  That  portion  of  the  tenth  senate  district 
within  and  bounded  by  a  line  beginning  at  the  East  river  and 
Whitehall  street;  running  thence  along  Whitehall  street  to 
Broadway,  to  Wall  street,  to  William  street,  to  Fulton  street,  to 
Broadway,  to  Canal  street,  to  the  Bowery,  to  Division  street,  to 
Market  street,  to  Monroe  street,  to  Catharine  street,  to  the  East 
river,  to  the  place  of  beginning;  39,785  inhabitants,  excluding 
aliens. 

Third  district. —  That  portion  of  the  thirteenth  senate  district 
within  and  bounded  by  a  line  beginning  at  the  intersection  of 
Broadway  and  West  Third  street  and  running  along  West  Third 
street  to  Sixth  avenue,  to  Cornelia  street,  to  Bleecker  street,  to 
Grove  street,  to  Hudson  street,  to  Barrow  street,  to  Hudson  or 
North  river,  to  Canal  street,  to  Hudson  street,  to  Dominick 
street,  to  Varick  street,  to  Broome  street,  to  Sullivan  street,  to 
Spring  street,  to  Broadway  and  to  the  place  of  beginning.  Citi- 
zen population,  38,333.  (Thus  reapportioned  by  order  of  court, 
September  30,  1895.) 

Fourth  district. —  That  portion  of  the  tenth  senate  district 
within  and  bounded  by  a  line  beginning  at  the  East  river  and 
Catharine  street,  and  running  thence  along  Catharine  street  to 
Monroe  street,  to  Market  street,  to  Division  street,  to  Grand 
street,  to  Jackson  street,  to  the  East  river,  to  the  place  of  begin- 
ning; 40,427  inhabitants,  excluding  aliens. 

Fifth  district. —  That  portion  of  the  thirteenth  senate  district 
within  and  bounded  bv  a  line  beginning  at  the  intersection  of 
Third  avenue  and  East  Fourteenth  street,  and  running  along 
East  Fourteenth  street  to  Sixth  avenue,  to  Fifteenth  street,  to 
.Seventh  avenue,  to  Thirteenth  street,  to  Horatio  street,  to  Eighth 
avenue,  to  Hudson  street,  to  Grove  street,  to  Bleecker  street,  to 
Cornelia  street,  to  Sixth  avenue,  to  West  Third  street,  to  Broad- 
way, to  West  Fourth  street,  to  East  Fourth  street,  to  Third 
avenue,  to  the  place  of  beginning.  Citizen  population,  38.246. 
(Thus  reapportioned  by  order  of  court,  September  30,  1895.) 

Sixth  district. —  That  portion  of  the  eleventh  senate  district 
within  and  bounded  by  a  line  beginning  at  Canal  street  and 
Broadway,  and  running  thence  along  Broadway  to  East  Fourth 
street,  to  the  Bowery,  to  Third  avenue,  to  St.  Mark's  place  or 
Eighth  street,  to  Second  avenue,  to  Second  street,  to  First  ave- 
nue, to  Houston  street,  to  Eldridge  street,  to  Stanton  street,  to 
Chrystie  street,  to  Division  street,  to  the  Bowery,  to  Canal  street, 
to  the  place  of  beginning;  34,410  inhabitants,  excluding  aliens. 


352    Political  Divisions  of  States,  Counties  and  Towns. 

Src'cnih  district. —  That  portion  of  the  thirteenth  senate  district 
within  and  bounded  by  a  Hne  beginning  at  the  intersection  of 
Seventh  avenue  and  West  Nineteenth  street,  and  running  thence 
along  Seventh  avenue  to  West  Thirteenth  street,  to  Horatio 
street,  to  Eighth  avenue  to  Hudson  street,  to  Barrow  street,  to 
the  Hudson  or  North  river,  to  West  Twentieth  street,  to  Eighth 
avenue,  to  West  Nineteenth  street,  to  the  place  of  beginning. 
Citizen  population,  38.881.  (Thus  reapportioned  by  order  of 
court,  September  30,  1895.) 

Eighth  district. —  That  portion  of  the  eleventh  senate  district 
within  and  bounded  by  a  line  beginning  at  Division  and  Chrystie 
streets,  and  running  thence  along  Chrystie  street  to  Stanton  street, 
to  Eldridge  street,  to  Houston  street,  to  Ludlow  street,  to  Broome 
street,  to  Norfolk  street,  to  Division  street,  to  the  place  of  begin- 
ning; 38,781  inhabitants  excluding  aliens. 

Ninth  district. —  That  portion  of  the  sixteenth  senate  district 
within  and  bounded  by  a  line  beginning  at  the  Hudson  or  North 
river  and  West  Twentieth  street,  and  running  thence  along  West 
Twentieth  street  to  Eighth  avenue,  to  West  Nineteenth  street,  to 
Seventh  avenue,  to  West  Thirtieth  street,  to  the  Hudson  or  North 
river;  39,495  inhabitants  excluding  aliens. 

Tenth  district. —  That  portion  of  the  eleventh  senate  district 
within  and  bounded  by  a  line  beginning  at  Second  street  and 
Second  avenue,  and  running  thence  along  Second  avenue  to  St. 
Mark's  place  or  Eighth  street  to  Avenue  A,  to  Seventh  street,  to 
Avenue  B,  to  Clinton  street,  to  Rivington  street,  to  Norfolk  street, 
to  Broome  street,  to  Ludlow  street,  to  Houston  street,  to  First 
avenue,  to  Second  street,  to  the  place  of  beginning;  39,108  inhab- 
itants excluding  aliens. 

Eleventh  district. —  That  portion  of  the  sixteenth  senate  district 
within  and  bounded  by  a  line  beginning  at  Seventh  avenue  and 
West  Thirteenth  street,  and  running  thence  along  Seventh  avenue 
to  West  Thirty-seventh  street,  to  Eighth  avenue,  to  West  Thirty- 
eighth  street,  to  Tenth  avenue,  to  West  Thirty-sixth  street,  to 
Hudson  or  North  river,  to  West  Thirtieth  street,  to  the  place  of 
beginning;  39,868  inhabitants  excluding  aliens. 

Twelfth  district. —  That  portion  of  the  twelfth  senate  district 
within  and  bounded  by  a  line  beginning  at  the  East  river  and 
Jackson  street,  and  running  thence  along  Jackson  street  to  Grand 
street,  to  Division  street,  to  Norfolk  street,  to  Rivington  street,  to 
Cannon  street,  to  Stanton  street,  to  the  East  river,  to  the  place  of 
beginning;  41,871  inhabitants  excluding  aliens. 


Assembly  Districts,  New  York  County.  353 

Thirteenth  district. —  That  portion  of  the  sixteenth  senate  district 
within  and  bounded  by  a  line  beginning  at  the  Hudson  or  North 
river  and  West  Thirty-sixth  streets,  and  running  thence  along 
West  Thirty-sixth  street  to  Tenth  avenue,  to  West  Thirty-eighth 
street,  to  Eighth  avenue,  to  West  Thirty-seventh  street,  to  Seventh 
avenue,  to  West  Fortieth  street,  to  Eighth  avenue,  to  West  Forty- 
third  street,  to  Tenth  avenue,  to  West  Forty-sixth  street,  to  the 
Hudson  or  North  river,  to  the  place  of  beginning;  39,554  inhabit- 
ants excluding  aliens. 

Fourteenth  district. —  That  portion  of  the  twelfth  senate  district 
within  and  bounded  by  a  line  beginning  at  the  East  river  and 
East  Eleventh  street,  and  running  thence  along  East  Eleventh 
street  to  Avenue  C,  to  Seventh  street,  to  Avenue  A,  to  St.  Mark's 
place  or  Eighth  street,  to  Third  avenue,  to  Fourteenth  street,  to 
the  East  river,  to  the  place  of  beginning  ;  40,697  inhabitants 
excluding  aliens. 

Fifteenth  district. —  That  portion  of  the  seventeenth  senate  dis- 
trict within  and  bounded  by  a  line  beginning  at  the  Hudson  or 
North  river  and  West  Forty-sixth  street,  and  running  thence  along 
West  Forty-sixth  street  to  Tenth  avenue,  to  West  Forty-third 
street,  to  Eighth  avenue,  to  West  Fifty-third  street,  to  Ninth  ave- 
nue, to  West  Fiftieth  street,  to  Tenth  avenue,  to  West  Forty-ninth 
street,  to  the  Hudson  or  North  river,  to  the  place  of  beginning  ; 
39,217  inhabitants  excluding  aliens. 

Sixteenth  district. —  That  portion  of  the  twelfth  senate  district 
within  and  bounded  by  a  line  beginning  at  the  East  river  and 
Stanton  street,  and  running  thence  along  Stanton  street  to  Cannon 
street,  to  Rivington  street,  to  Clinton  street,  to  Avenue  B,  to 
Seventh  street,  to  Avenue  C,  to  East  Eleventh  street,  to  the 
East  river,  to  the  place  of  beginning  ;  41,264  inhabitants  exclud- 
ing aliens. 

Seventeenth  district. —  That  portion  of  the  seventeenth  senate  dis- 
trict within  and  bounded  by  a  line  beginning  at  the  Hudson  or 
North  river  and  West  Forty-ninth  street,  and  running  thence  along 
West  Forty-ninth  street  to  Tenth  avenue,  to  West  Fiftieth  street, 
to  Ninth  avenue,  to  West  Fifty-third  street,  to  Eighth  avenue,  to 
West  Sixty-first  street,  to  Ninth  or  Columbus  avenue,  to  West  Six- 
tieth street,  to  the  Hudson  or  North  river,  to  the  place  of  begin- 
ning ;  39,086  inhabitants  excluding  aliens. 

Eighteenth  district. —  That  portion  of  the  fourteenth  senate  dis- 
trict within   and  bounded  by  a  line  beginning   at  the  East  river 


354    Political  Divisions  of  States,  Counties  and  Towns. 

and  East  Fourteenth  street,  and  running  thence  along  East  Four- 
teenth street  to  Irving  place,  to  East  Nineteenth  street,  to  Third 
avenue,  to  East  Twenty-third  street,  to  Second  avenue,  to  East 
Twenty-fifth  street,  to  First  avenue,  to  East  Twenty-sixth  street, 
to  the  East  river,  to  the  place  of  beginning;  40,051  inhabitants 
excluding  aliens. 

Nineteenth  district. —  That  portion  of  the  seventeenth  senate  dis- 
trict within  and  bounded  by  a  line  beginning  at  the  Hudson  or 
North  river  and  West  Sixtieth  street,  and  running  thence  along 
West  Sixtieth  street  to  Ninth  or  Columbus  avenue,  to  West  Sixty- 
first  street,  to  Eighth  avenue,  to  West  Eighty-first  street,  to  Ninth 
or  Columbus  avenue,  to  West  Eighty-sixth  street,  to  Tenth  or 
Amsterdam  avenue,  to  West  Eighty-ninth  street,  to  the  Hudson 
or  North  river,  to  the  place  of  beginning;  39,120  inhabitants 
excluding  aliens. 

Twentieth  district. —  That  portion  of  the  fourteenth  senate  dis- 
trict within  and  bounded  by  a  line  beginning  at  the  East  river 
and  East  Twenty-sixth  street,  and  running  thence  along  East 
Twenty-sixth  street  to  First  avenue,  to  East  Twenty-fifth  street, 
to  Second  avenue,  to  East  Twenty-third  street,  to  Lexington  ave- 
nue, to  East  Thirty-ninth  street,  to  Third  avenue,  to  East  Thirty- 
seventh  street,  to  Second  avenue,  to  East  Thirty-eighth  street,  to 
the  East  river,  to  the  place  of  beginning;  40,242  inhabitants 
excluding  aliens. 

Twenty-first  district. —  That  portion  of  the  nineteenth  senate 
district  within  and  bounded  by  a  line  beginning  at  the  Hudson  or 
North  river  and  West  Eighty-ninth  street,  and  running  thence 
along  West  Eighty-ninth  street  to  Tenth  or  Amsterdam  avenue,  to 
West  Eighty-sixth  street,  to  Ninth  or  Columbus  avenue,  to  West 
Eighty-first  street,  to  Eighth  avenue,  to  Ninety-seventh  street  and 
the  transverse  road  across  Central  Park  at  Ninety-seventh  street, 
to  Fifth  avenue,  to  West  One  Hundred  and  Tenth  street,  to 
Seventh  avenue,  to  West  One  Hundred  and  Twentieth  street,  to 
Western  boulevard,  to  West  One  Hundred  and  Nineteenth  street, 
to  the  Hudson  or  North  river,  to  the  place  of  beginning;  39,721 
inhabitants  excluding  aliens. 

Twenty-second  district. —  That  portion  of  the  fourteenth  senate 
district  within  and  bounded  by  a  line  beginning  at  the  East  river 
and  East  Thirty-eighth  street,  and  running  thence  along  East 
Thirty-eighth   street  to   Second  avenue,   to   East  Thirty-seventh 


Assembly  Districts,  New  York  County.  355 

street,  to  Third  avenue,  to  East  Thirty-ninth  street,  to  Lexington 
avenue,  to  East  Fifty-third  street,  to  Third  avenue,  to  East  Fifty- 
second  street,  to  the  East  river,  to  the  place  of  beginning;  39,514 
inhabitants  excluding  aliens. 

Twenty-third  district. —  That  portion  of  the  nineteenth  senate 
district  within  and  bounded  by  a  line  beginning  at  the  Hudson  or 
North  river  and  West  One  Hundred  and  Nineteenth  street,  and 
running  thence  along  the  Hudson  or  North  river  and  Spuyten 
Duyvil  creek  around  the  northern  end  of  Manhattan  island ; 
thence  southerly  along  the  Harlem  river  to  the  north  end  of  Fifth 
avenue  ;  thence  along  Fifth  avenue  to  West  One  Hundred  and 
Thirty-fourth  street,  to  Eighth  avenue,  to  West  One  Hundred  and 
Twentieth  street,  to  Western  boulevard,  to  West  One  Hundred 
and  Nineteenth  street,  to  the  place  of  beginning;  39,114  inhabit- 
ants excluding  aliens. 

Twenty-fourth  district. —  That  portion  of  the  eighteenth  senate 
district  within  and  bounded  by  a  line  beginning  at  the  East  river 
and  East  Fifty-second  street,  and  running  thence  along  East  Fifty- 
second  street  to  Third  avenue,  to  East  Fifty-third  street,  to  Lex- 
ington avenue,  to  East  Sixty-fourth  street,  to  Third  avenue,  to 
East  Sixty-fifth  street,  to  the  East  river,  to  the  place  of  beginning., 
and  also  Blackwell's  island;  39,463  inhabitants  excluding  aliens. 

Twenty-fifth  district. —  That  portion  of  the  fifteenth  senate  dis- 
trict within  and  bounded  by  a  line  beginning  at  West  Fifteenth 
street  and  Seventh  avenue,  and  running  thence  along  Seventh 
avenue  to  West  Thirty-sixth  street,  to  Lexington  avenue,  to  East 
Twenty-third  street,  to  Third  avenue,  to  East  Nineteenth  street,  to 
Irving  place,  to  East  Fourteenth  street,  to  Sixth  avenue,  to  West 
Fourteenth  street,  to  the  place  of  beginning;  39,932  inhabitants 
excluding  aliens. 

Twenty-sixth  district. —  That  portion  of  the  eighteenth  senate  dis- 
trict within  and  bounded  by  a  line  beginning  at  the  East  river  and 
East  Sixty-fifth  street,  and  running  thence  along  East  Sixty-fifth 
street  to  Third  avenue,  to  East  Sixty-fourth  street,  to  Lexington 
avenue,  to  East  Seventy-fifth  street,  to  Third  avenue,  to  East 
Seventy-sixth  street,  to  the  East  river,  to  the  place  of  beginning; 
39,383  inhabitants  excluding  aliens. 

Twenty-seventh  district. —  That  portion  of  the  fifteenth  senate  dis- 
trict within  and  bounded  by  a  line  beginning  at  West  Thirty-sixth 
street  and  Seventh  avenue,  and  running  thence  along  Seventh 
avenue  to  West  Fortieth  street,  to  Eighth  avenue,  to  West  Fifty- 


356    Political  Divisions  of  States,  Counties  and  Towns. 

third  street,  to  Fifth  avenue,  to  East  Fifty-fourth  street,  to  Lexing- 
ton avenue,  to  East  Thirty-sixth  street,  to  West  Thirty-sixth  street, 
to  the  place  of  beginning  ;  40,258  inhabitants  excluding  aliens. 

Twenty-eighth  district. —  That  portion  of  the  eighteenth  senate- 
district  within  and  bounded  by  a  line  beginning  at  the  East  river 
and  East  Seventy-sixth  street,  and  running  thence  along  East 
Seventy-sixth  street  to  Third  avenue,  to  East  Seventy-fifth  street, 
to  Lexington  avenue,  to  East  Eighty-fourth  street,  to  Second 
avenue,  to  East  Eighty-third  street,  to  the  East  river,  to  the  place 
of  beginning;  39,727  inhabitants  excluding  aliens. 

Twenty-ninth  district. —  That  portion  of  the  fifteenth  senate  dis- 
trict within  and  bounded  by  a  line  beginning  at  East  Fifty-fourth 
street  and  Lexington  avenue,  and  running  thence  along  Lexing-. 
ton  avenue  to  East  Ninety-sixth  street,  to  Fifth  avenue,  to  East 
Ninety-seventh  street  and  the  transverse  road  across  Central  park 
at  Ninety-seventh  street,  to  Eighth  avenue,  to  West  Fifty-third 
street,  to  Fifth  avenue,  to  East  Fifty-fourth  street,  to  the  place 
of  beginning;  39,738   inhabitants   excluding  aliens. 

Thirtieth  district. —  That  portion  of  the  twentieth  senate  district 
within  and  bounded  by  a  line  beginning  at  the  East  river  and 
East  Eighty-third  street,  and  running  thence  along  East  Eighty- 
third  street  to  Second  avenue,  to  East  Eighty-fourth  street,  to 
Lexington  avenue,  to  East  Ninety-second  street,  to  Third  avenue, 
to  East  Ninety-fourth  street,  to  the  East  river,  to  the  place  of 
beginning;  39,494  inhabitants  excluding  aliens. 

Thirty-first  district. —  That  portion  of  the  nineteenth  senate  dis- 
trict within  and  bounded  by  a  line  beginning  at  West  One  Hun- 
dred and  Tenth  street  and  Seventh  avenue,  and  running  thence 
along  Seventh  avenue  to  West  One  Hundred  and  Twentieth 
street,  to  Eighth  avenue,  to  West  One  Hundred  and  Thirty-fourth 
street,  to  Fifth  avenue,  to  East  One  Hundred  and  Twenty-ninth 
street,  to  Fourth  or  Park  avenue,  to  East  One  Hundred  and  Tenth 
street,  to  West  One  Hundred  and  Tenth  street,  to  the  place  of 
beginning;  39,142  inhabitants  excluding  aliens. 

Thirty-second  district. —  That  portion  of  the  twentieth  senate 
district  within  and  bounded  by  a  line  beginning  at  the  East  river 
and  East  Ninety-fourth  street,  and  running  thence  along  East 
Ninety-fourth  street  to  Third  avenue,  to  East  Ninety-second 
street,  to  Lexington  avenue,  to  East  Ninety-sixth  street,  to  Fifth 
avenue,  to  East  One  Hundred  and  Tenth  street,  to  Madison  ave- 
nue, to  East  One  Hundred  and  Eighth  street,  to  the  Harlem  river,. 


Assembly  Distkicks,  Oneida  County.  357 

to  the  place  of  beginning,  and  also  Ward's  island;  39,384  inhabit- 
ants excluding  aliens. 

Thirty-third  district. —  That  portion  of  the  twentieth  senate  dis- 
trict within  and  bounded  by  a  line  beginning  at  the  Harlem  river 
and  East  One  Hundred  and  Eighth  street,  and  running  thence 
along  East  One  Hundred  and  Eighth  street  to  Madison  avenue, 
to  East  One  Hundred  and  Tenth  street,  to  Fourth  or  Park  ave- 
nue, to  East  One  Hundred  and  Nineteenth  street,  to  the  Harlem 
river,  to  the  place  of  beginning,  and  also  Randall's  island;  38,751 
inhabitants  excluding  aliens. 

Thirty-fourth  district. —  That  portion  of  the  twenty-first  senate 
district  within  and  bounded  by  a  line  beginning  at  the  Harlem 
river  and  East  One  Hundred  and  Nineteenth  street,  and  running 
thence  along  East  One  Hundred  and  Nineteenth  street  to  Fourth 
or  Park  avenue,  to  East  One  Hundred  and  Twenty-ninth  street, 
to  Fifth  avenue,  to  the  Harlem  river,  to  the  place  of  beginning, 
together  with  that  portion  of  the  twenty-third  ward  of  the  city  of 
New  York  within  and  bounded  by  a  line  beginning  at  the  Harlem 
river  and  East  One  Hundred  and  Forty-ninth  street,  and  running 
thence  along  East  One  Hundred  and  Forty-ninth  street  to  Rail- 
road avenue,  to  East  One  Hundred  and  Forty-sixth  street,  to  Third 
avenue,  to  East  One  Hundred  and  Forty-ninth  street,  to  Bungay 
street,  to  the  East  river  or  Long  Island  sound,  to  Bronx  Kill, 
to  Harlem  river,  to  the  place  of  beginning,  and  also  North 
Brothers'  island  ;  51,322  inhabitants  excluding  aliens. 

Thirty-fifth  district. —  That  portion  of  the  twenty-third  and 
twenty-fourth  wards  of  the  city  and  county  of  New  York  lying 
within  the  twenty-first  senate  district,  not  hereinbefore  bounded 
and  described  ;  50,642  inhabitants  excluding  aliens. 

Niagara  County. 

First  district. —  City  of  Lockport  and  towns  of  Lockport,  Cam- 
bria, Pendleton,  Royalton  and  Wheatfield  ;  34,247  inhabitants 
excluding  aliens. 

Second  district. —  City  of  Niagara  Falls,  and  towns  of  Niagara, 
Lewiston,  Porter,  Wilson,  Newfane,  Somerset  and  Hartland  ;  24,892 
inhabitants  excluding  aliens. 

Oneida  County. 
First  district. —  Town  and  city    of    Utica ;  42,820    inhabitants, 
excluding  aliens. 


358    Political  Divisions  of  States,  Counties  and  Towns. 

Second  district. —  Towns  of  Augusta,  Bridgewater,  Kirkland, 
Marshall,  New  Hartford,  Paris,  Sangerfield,  Vernon,  Verona, 
Westmoreland  and  Whitestone ;  34,158  inhabitants  excluding 
aliens. 

Third  district. —  Towns  of  Annsville,  Ava,  Boonville,  Camden, 
Deerfield,  Florence,  Floyd,  Forestport,  Lee,  Marcy,  Remsen,  town 
and  city  of  Rome,  Steuben,  Trenton,  Vienna  and  Western;  40,056 
inhabitants  excluding  aliens. 

Onondaga  County. 

First  district. —  Towns  of  Clay,  Lysander,  Van  Buren,  Elbridge, 
Camillus,  Geddes,  Skaneateles,  Marcellus,  Onondaga,  Otisco, 
Spafford,  Tully  and  La  Fayette  ;  36,002  inhabitants  excluding 
aliens. 

Secofid  district. —  Towns  of  Cicero,  Salina,  De  Witt,  Manlius, 
Pompey  and  Fabius  and  the  first,  second  and  sixteenth  wards  of 
the  city  of  Syracuse  ;  35,602  inhabitants  excluding  aliens. 

Third  district. —  The  third,  fourth,  seventh,  eighth,  twelfth, 
fourteenth  and  fifteenth  wards  of  the  city  of  Syracuse;  24,829 
inhabitants  excluding  aliens. 

Fourth  district. —  The  fifth,  sixth,  ninth,  tenth,  eleventh,  thir- 
teenth, seventeenth,  eighteenth  and  nineteenth  wards  of  the  city 
of  Syracuse  ;  35,291  inhabitants  excluding  aliens. 

Ontario  County  —  One  District, 

Orange  County. 
First  district. —  City   of  Newburgh,    Cornwall,     New    Windsor, 
Highlands,  Montgomery,  Monroe,  Blooming  Grove,  Crawford  and 
Hamptonburg  ;  47,082  inhabitants  excluding  aliens. 

Second  district. —  City  of  Middletown,  towns  of  Deerpark,  Green- 
ville, Mount  Hope,  Waywayanda,  Minisink,  Goshen,  Wallkill, 
Chester,  Warwick,  Woodbury  and  Tuxedo;  46,109  inhabitants 
excluding  aliens. 

Orleans  County  —  One  District. 

Oswego  County. 
First  district. —  First,  third,  fifth  and   seventh  wards  of  the  city 
of  Oswego,  towns  of  Oswego,  Hannibal,  Granby,  Volney,  Schroep- 
pel,    Palermo,    Hastings    and   West    Monroe;    35,440    inhabitants 
excluding  aliens. 


Assembly  Districts,  St.  Lawrence  County.  359 

Second  district. —  Second,  fourth,  sixth  and  eighth  wards  of  the 
city  of  Oswego,  towns  of  Scriba,  New  Haven,  Mexico,  Richland, 
Sandy  Creek,  Boylston,  Redfield,  Orwell,  Albion,  Williamstown, 
Parish,  Amboy  and  Constantia;  34,583  inhabitants  excluding 
aliens. 

Otsego  County  —  One  District. 

Putnam  County  —  One  District. 

Queens  County. 

First  district. —  City  of  Long  Island  City  and  town  of  Newtown; 
46,195  inhabitants  excluding  aliens. 

Second  district. —  Towns  of  Flushing  and  Jamaica;  34,030  inhab- 
itants excluding  aliens. 

Third  district. —  Towns  of  Hempstead,  Oyster  Bay  and  North 
Hempstead;  43,590  inhabitants  excluding  aliens. 

Rensselaer  County. 

"First  district. —  Towns  of  Lansingburgh,  Schaghticoke,  Pitts- 
town  and  Hoosick,  and  the  tenth  and  thirteenth  wards  of  the  city 
of  Troy;  38,610  inhabitants  excluding  aliens. 

Second  district. —  The  first,  second,  third,  fourth,  sixth,  seventh, 
eighth,  ninth,  eleventh  and  twelfth  wards  of  the  city  of  Troy; 
41,903  inhabitants  excluding  aliens. 

Third  district. —  Towns  of  Berlin,  Brunswick,  Grafton,  Peters- 
burgh,  Poestenkill,  Sandlake,  Stephentown,  Nassau,  North  Green- 
bush,  East  Greenbush,  Greenbush,  Schodack,  and  the  fifth  ward 
of  the  city  of  Troy;  39,810  inhabitants  excluding  aliens. 

Richmond  County  —  One  District. 
Rockland  County  —  One  District. 

St.  Lawrence  County. 

First  district. —  Town  of  Oswegatchie,  including  the  city  of 
Ogdensburg,  and  the  four  wards  thereof,  and  the  towns  of 
Waddington,  Madrid,  Lisbon,  DePeyster,  DeKalb,  Morristown, 
Macomb,  Hammond,  Rossie,  Gouverneur,  Fowler,  Edwards,  Pit- 
cairn  and  Fine;  40,682  inhabitants  excluding  aliens. 

Second  district. —  Towns  of  Canton,  Potsdam,  Stockholm,  Norfolk, 
Louisville,  Massena,  Brasher,  Lawrence,  Parishville,  Hopkinton, 


360    Political  Divisions  of  States,  Counties  and  Towns. 

Colton,  Clifton,   Clare,  Pierrepont,   Russell  and   Herman;  39,996 
inhabitants  excluding  aliens. 

Saratoga  County  —  One  District. 
Schenectady  County  —  One  District. 
Schoharie  County  —  One  District. 
Schuyler  County  —  One  District. 
Seneca  County  —  One  District. 

Steuben  County. 

First  district. —  Towns  of  Addison,  Bath,  Bradford,  Campbell, 
Caton,  Corning,  Erwin,  Hornby,  Lindley,  Prattsburgh,  Pultney, 
Thurston,  Tuscarora,  Urbana,  Wayne  and  Wheeler,  and  the  city 
of  Corning;  40,157  inhabitants  excluding  aliens. 

Second  district. —  Towns  of  Avoca,  Cameron,  Canisteo,  Dansville, 
Fremont,  Greenwood,  Hartsville,  Cohocton,  Hornellsville,  Howard, 
Jasper,  Rathbone,  Troupsburgh,  Wayland,  West  Union  and  Wood- 
hull,  and  the  city  of  Hornellsville;  41,208  inhabitants  excluding 

aliens. 

Suffolk  County. 

First  district. —  Towns  of  Brookhaven,  Easthampton,  Riyerhead, 
Shelter  Island,  Southold  and  Southampton. 

Second  district. —  Towns  of  Babylon,  Islip,  Huntington  and 
Smithtown. 

Sullivan  County  —  One  District. 

Tioga  County  —  One  District. 
Tompkins  County  —  One  District. 

Ulster  County. 

First  district. —  City  of  Kingston,  towns  of  Kingston,  Hurley, 
Saugerties,  Shandaken,  Ulster  and  Woodstock;  42,609  inhabitants 
excluding  aliens. 

Second  district. —  Towns  of  Denning,  Esopus,  Gardiner,  Harden- 
burgh,  Lloyd,  Marbletown,  Marlborough,  New  Paltz,  Olive,  Platte- 
kill,  Rochester,  Rosendale,  Shawangunk  and  Wawarsing;  44,911 
inhabitants  excluding  aliens. 

Warren  County  —  One  District. 
Washington  County  —  One  District. 
Wayne  County  —  One  District. 


Congressional  Districts.  361 

Westchester  County. 

First  district. —  Towns  of  Yonkers,  Mount  Vernon,  Eastches- 
ter;  41,864  inhabitants,  excluding  aliens.  (Reapportioned  by 
supervisors,  by  order  of  court,  October  7,  1895.) 

Second  district. —  Towns  of  Greenburirh,  Mamaroneck,  New 
Rochelle,  Pelham,  Rye,  Westchester,  White  Plains,  Sca'rsdale, 
Harrison;  45.792  inhabitants,  excluding-  aliens.  (Reapportioned 
by  supervisors,  by  order  of  court,  October  7,  1895^) 

Third  district. —  Towns  of  Bedford,  Cortland,  Lewisboro,  New 
Castle,  North  Salem,  Ossining-,  Poundridge,  Soniers,  Yorktown, 
Mount  Pleasant,  North  Castle;  40.701  inhabitants,  excluding 
aliens.  (Reanportioned  by  supervisors,  by  order  of  court, 
October  7,  1895.) 

Wyoming  County  —  One  District. 
Yates  County  —  One  District. 


CONGRESSIONAL    DISTRICTS    OF    THE    STATE 
OF  NEW  YORK. 

[As  Established  by  Chap.    591,  Laws  of  1901.*] 

First  district. — The  counties  of  Suffolk,  Nassau  and  the  third, 
fourth  and  fifth  wards  of  the  borough  of  Queens,  county  of 
Queens,  shall  compose  the  first  district. 

Second  district. — The  fourteenth,  fifteenth,  sixteenth,  seven- 
teenth and  eighteenth  wards  of  the  borough  of  Brooklyn  in  the 
county  of  Kings  and  also  that  portion  of  the  twenty-seventh  ward 
bounded  on  the  north  by  the  line  dividing  Kings  and  Queens 
counties  from  Flushing  avenue  to  Jefferson  street,  Jefiferson  street 
south  to  Evergreen  avenue,  west  to  Noll  street,  south  to  Bushwick 
avenue,  east  to  Arion  place,  south  to  Broadway,  west  to  Flushing 
avenue,  and  north  to  point  of  beginning,  shall  compose  the  second 
district. 

Third  district. — The  thirteenth,  nineteenth  and  twenty-first 
wards  of  the  borough  of  Brooklyn  in  the  county  of  Kings  and 
also  that  portion  of  the  twenty-seventh  ward  bounded  on  the  north 
by  the  line  dividing  Kings  and  Queens  counties  from  Jefferson 
street  to  Stockholm  street,  south  to  Bushwick  avenue,  east  to 
Kosciusko  street,  south  to  Broadway,  west  to  Arion  place,  north 
to  Bushwick  avenue,  west  to  Noll  street,  north  to  Evergreen  ave- 
nue, east  to  Jefferson  street,  and  north  to  point  of  beginning;  and 
also  that  part  of  the  twenty-third  ward  bounded  on  the  north  by 
Lafayette  avenue,  from  Bedford  avenue  to  Stuyvesant  avenue, 

•The  words  "assembly  district,"  and  the  word  "ward"  or  "wards"  when  used  in  this 
act,  are  understood  to  refer  to  the  assembly  districts  of  the  wards  as  constituted  at  the  time 
of  the  passag;e  of  chapter  sgi,  Laws  of  1901. 


362    Political  Divisions  of  States,  Counties  and  Towns. 

south  to  Bainbridge  street,  west  to  Sumner  avenue,  north  to 
McDonough  street,  west  to  Tompkins  avenue,  south  to  Fulton 
street,  west  to  New  York  avenue,  south  to  Atlantic  avenue,  west 
to  Franklin  avenue,  north  to  Brevoort  place,  east  to  Bedford 
avenue  and  north  to  point  of  beginning,  shall  compose  the  third 
district. 

Fourth  district.— The  twenty-sixth,  twenty-eighth,  thirty-first 
and  thirty-second  wards  of  the  borough  of  Brooklyn  in  the  county 
of  Kings  and  also  that  portion  of  the  twenty-fifth  ward  bounded 
on  the  north  by  Broadway,  from  Howard  avenue  to  boundary 
line  of  the  twenty-sixth  ward,  south  to  Atlantic  avenue,  west  to 
Howard  avenue,  north  to  Fulton  street,  west  to  Howard  avenue 
and  north  to  point  of  beginning,  shall  compose  the  fourth  district. 

Fifth  district. — The  eighth,  twenty-fourth,  twenty-ninth  and 
thirtieth  wards  of  the  borough  of  Brooklyn  in  the  county  of  Kings 
and  also  that  portion  of  the  twenty-third  ward  bounded  on  the 
north  by  Lafayette  avenue,  from  Stuyvesant  avenue  east  to  Reid 
avenue,  south  to  Fulton  street,  west  to  Utica  avenue,  south  to 
Atlantic  avenue,  west  to  New  York  avenue,  north  to  Fulton 
street,  east  to  Tompkins  avenue,  north  to  McDonough  street,  east 
to  Sumner  avenue,  south  to  Bainbridge  street,  east  to  Stuyvesant 
avenue  and  north  to  the  point  of  beginning;  and  also  that  portion 
of  the  twenty-fifth  ward  bounded  on  the  north  by  Lafayette  ave- 
nue, from  Reid  avenue  east  to  Broadway,  southeast  to  Howard 
avenue,  south  to  Fulton  street,  east  to  Howard  avenue,  south  to 
Atlantic  avenue,  west  to  Utica  avenue,  north  to  Fulton  street, 
east  to  Reid  avenue  and  north  to  the  point  of  beginning,  shall 
compose  the  fifth  district. 

Sixth  district. — The  seventh,  ninth,  twentieth  and  twenty- 
second  wards  of  the  borough  of  Brooklyn  in  the  county  of  Kings 
and  also  that  portion  of  the  eleventh  ward  bounded  on  the  north 
by  Johnson  street,  from  Bridge  street  east  to  Hudson  avenue, 
south  to  Myrtle  avenue,  east  to  Navy  street,  south  to  Bolivar 
street,  west  to  Hudson  avenue,  south  to  Willoughby  street,  east 
to  Navy  street,  south  to  DeKalb  avenue,  east  to  South  Portland 
avenue,  south  to  Atlantic  avenue,  west  to  Flatbush  avenue,  north- 
west to  Fulton  street,  west  to  Bridge  street  and  north  to  point  of 
beginning,  shall  compose  the  sixth  district. 

Seimith  district. — The  first,  second,  third,  fourth,  fifth,  sixth, 
tenth  and  twelfth  wards  of  the  borough  of  Brooklyn  in  the  county 
of  Kings  and  also  that  portion  of  the  eleventh  ward  bounded  on 
the  north  by  Flushing  avenue,  from  Navy  street  east  to  North 
Portland  avenue,  across  Fort  Greene  park  to  DeKalb  avenue, 
opposite  South  Portland  avenue,  west  to  Navy  street,  north  to 
Willoughby  street,  west  to  Hudson  avenue,  north  to  Bolivar 
street,  east  to  Navy  street,  north  to  Myrtle  avenue,  west  to  Hud- 


Congressional  Districts.  362a 

son  avenue,  north  to  Johnson  street,  east  to  Navy  street  and  north 
to  point  of  beginning,  shall  compose  the  seventh  district. 

Eighth  district.— Richmond  county,  the  first  assembly  district 
of  the  county  of  New  York,  that  portion  of  the  second  assembly 
district  of  the  county  of  New  York,  bounded  on  the  north  by 
Canal  street  from  Broadway  to  the  Bowery ;  on  the  south  by  the 
East  river;  on  the  east  by  the  Bowery  from  Canal  street  to 
Chatham  square,  to  Catherine  street,  to  the  East  river;  on  the 
west  by  Whitehall  street  from  the  East  river  to  Broadway,  to 
Wall  street,  to  William  street,  to  Fulton  street,  to  Broadway.^  to 
Canal  street;  the  third  assembly  district  of  the  county  of  New 
York;  that  portion  of  the  fourth  assembly  district  of  the  county 
of  New  York,  bounded  on  the  north  by  Monroe  street  from  Cath- 
erine street  to  Mechanic  alley,  on  the  south  by  the  East  river, 
on  the  east  by  Mechanic  alley  from  Monroe  street  to  Cherry 
street  to  Market  slip,  to  the  East  river;  on  the  west  by  Catherine 
street  from  the  East  river  to  Monroe  street;  and  the  sixth  as- 
sembly district  of  the  county  of  New  York,  shall  compose  the 
eighth  district.  The  boundaries  of  said  eighth  district  are  as  fol- 
lows: Staten  island,  known  as  Richmond  county  and  that  portion 
of  New  York  county,  bounded  as  follows:  Beginning  at  Battery 
place  and  North  river,  north  to  West  street,  north  to  Barrow 
street  and  Hudson  river,  east  to  Hudson  street,  north  to  Grove 
street,  northeast  to  Bleecker  street,  southeast  to  Cornelia  street, 
northeast  to  Sixth  avenue,  south  to  West  Third  street,  east  to 
Broadway,  north  to  East  Fourth  street,  east  to  the  Bowery,  north 
to  Third  avenue,  to  Saint  Mark's  place,  east  to  Second  avenue, 
south  to  Second  street,  east  to  First  avenue,  south  to  East  Hous- 
ton street,  west  to  Eldridge  street,  south  to  Stanton  street,  west 
to  Chry-stie  street,  south  to  Division  street,  west  to  northeast 
corner  of  Division  street  and  Bowery,  to  the  northeast  corner  of 
Chatham  square  and  Catherine  street,  southeasterly  to  Monroe 
street,  east  to  Mechanic  alley,  and  south  to  Cherry  street,  west 
to  Market  slip,  south  to  the  East  river,  to  the  point  or  place  of 
beginning. 

Ninth  district. —  That  portion  of  the  second  assembly  district 
of  the  county  of  New  York,  bounded  on  the  north  by  Division 
street  from  Catherine  street  to  Market  street ;  on  the  south  by 
Monroe  street  from  Catherine  street  to  Market  street ;  on  the 
east  by  Market  street  from  Division  street  to  Monroe  street; 
on  the  west  by  Catherine  street  from  Division  street  to  Monroe 
street ;  that  portion  of  the  fourth  assembly  district  of  the  county 
of  New  York,  bounded  on  the  north  by  Division  street  from 
Market  street  to  Montgomery  street ;  on  the  south  by  the  East 
river,  from  Market  slip  to  Clinton  street ;  on  the  east  by  Mont- 
gomery street  from  Division  street  to  Henry  street,  to  the 
southwest  corner  of  Henry  street  and  Montgomery  street,  run- 
ning diagonally  through  the  middle  of  said  block,  to  the  north- 


362b     Political  Divisions  of  States,  Counties  and  Towns.' 

east  corner  of  ]\Iadisoii  street  and  Clinton  street,  south  to  Clin- 
ton street  and  the  East  river,  on  the  west  by  Market  street 
from  Division  street  to  Monroe  street,  east  to  Mechanic  alley 
west  to  Market  slip  and  south  to  the  East  river ;  that  portion  of 
the  eig-hth  assembly  district  of  the  county  of  New  York  bounded 
as  follows:  on  the  north  by  Stanton  street  from  Chrystie  street 
to  Ludlow  street;  on  the  south  by  Division  street  from 
Chrystie  street  to  Norfolk  street ;  on  the  east  by  Ludlow  street 
from  Stanton  street  to  Broome  street,  east  to  Norfolk  street, 
Norfolk  street  from  Broome  street  to  Division  street;  on  the 
west  by  Chrystie  street  from  Stanton  street  to  Division  street; 
that  portion  of  the  tenth  assembly  district  of  the  county  of 
New  York,  bounded  on  the  north  by  Stanton  street,  from  Lud- 
low street  to  Clinton  street ;  on  the  south  by  Broome  street 
from  Ludlow  street  to  Norfolk  street,  north  to  Rivin^on  street, 
east  to  Clinton  street,  on  the  east  by  Clinton  street,  from  Stan- 
ton street  to  Rivington  street,  west  to  Norfolk  street,  south  to 
Broome  street ;  on  the  west  by  Ludlow  street  from  Stanton 
street  to  Broome  street ;  that  portion  of  the  twelfth  assembly 
district  of  the  county  of  New  York,  bounded  on  the  north  by 
Rivington  street,  from  Norfolk  street  to  Cannon  street,  on  the 
south  by  Division  street,  from  Norfolk  street  to  Pitt  street, 
north  to  Grand  street,  east  to  Sheriff  street,  north  to  Broome 
street,  east  to  Cannon  street ;  on  the  east  by  Cannon  street, 
from  Rivington  street  to  Broome  street ;  on  the  west  by  Norfolk 
street,  from  Rivington  street  to  Division  street;  that  portion 
of  the  sixteenth  assembly  district  of  the  county  of  New  York, 
bounded  on  the  north  by  Stanton  street,  from  Clinton  street  to 
Cannon  street ;  on  the  south  by  Rivington  street,  from  Clinton 
street  to  Cannon  street ;  on  the  east  by  Cannon  street,  from 
Stanton  street  to  Rivington  street ;  on  the  west  by  Chnton 
street,  from  Stanton  street  to  Rivington  street,  shall  compose 
the  ninth  district.  The  boundaries  of  said  ninth  district  are  as 
follows :  Beginning  at  the  East  river  and  Market  slip,  north  to 
Cherry  street,  east  to  Mechanic  alley,  north  to  Monroe  street, 
west  to  Catherine  street,  north  to  Division  street,  east  to 
Chrystie  street,  north  to  Stanton  street,  east  to  Cannon  street, 
south  to  Broome  street,  west  to  Sheriff  street,  south  to  Grand 
street,  west  to  Pitt  street,  south  to  Division  street,  to  Mont- 
gomery street,  south  to  southwest  corner  of  Henry  and  Mont- 
gomery street,  diagonally  through  the  middle  of  said  block  to 
the  northeast  corner  of  Madison  street  and  Clinton  street,  south 
to  South  street  at  East  river,  thence  along  the  East  river  to 
the  point  or  place  of  beginning.  (Amended  by  chap.  298,  L.  1902.) 
Tenth  district. —  That  portion  of  the  fourth  assembly  district  of 
the  county  of  New  York,  bounded  on  the  north  by  Division 
street  from  Montgomery  street  to  Scamel  street,  east  to  Grand 
street,  to  Jackson  street;  on  the  south  by  the  East  river  from 


Congressional  Districts.  362c. 

Clinton  street  to  Montgomery  street,  south  to  the  East  river,  the 
East  river  to  Jackson  sHp;  east  by  Jackson  street  and  Jackson 
slip,  from  Grand  street  to  the  East  river;  on  the  west,  by  Mont- 
gomery street  from  Division  street  to  the  northeast  corner  of 
Henry  street  and  Montgomery  street,  diagonally  through  the 
middle  of  said  block  to  the  southwest  corner  of  Clinton  street 
and  Madison  street,  south  to  Clinton  street  and  the  East  river; 
that  portion  of  the  eighth  assembly  district  of  the  county  of  New 
York,  bounded  on  the  north  by  East  Houston  street,  from 
Eldridge  street  to  Ludlow  street;  on  the  south  by  Stanton  street 
from  Eldridge  street  to  Ludlow  street;  on  the  east  by  Ludlow 
street  from  East  Houston  street  to  Stanton  street;  on  the  west  by 
Eldridge  street  from  East  Houston  street  to  Stanton  street;  that 
portion  of  the  tenth  assembly  district  of  the  county  of  New  York, 
bounded  on  the  north  by  Saint  Mark's  place  from  Second  avenue 
to  Avenue  A,  south  to  Seventh  street,  east  to  Avenue  B;  on  the 
south  by  Second  street,  from  Second  avenue,  to  First  avenue, 
south  to  East  Houston  street,  east  to  Ludlow  street,  south  to 
Stanton  street,  east  to  Clinton  street;  on  the  east  by  Avenue  A 
from  Saint  Mark's  place  to  Seventh  street,  east  to  Avenue  B, 
south  to  Clinton  street,  south  to  Stanton  street;  on  the  west  by 
Second  avenue  from  Saint  Mark's  place  to  Second  street,  east  to 
First  avenue,  south  to  East  Houston  street,  east  to  Ludlow  street, 
south  to  Stanton  street;  that  portion  of  the  twelfth  assembly  dis- 
trict of  the  county  of  New  York,  bounded  on  the  north  by  Stanton 
street  from  Cannon  street  to  the  East  river;  on  the  south  by 
the  East  river,  from  Jackson  street  to  East  street  and  the  East 
river;  on  the  east  by  East  street  or  the  East  river  from  Stanton 
street  to  East  street  or  the  East  river;  on  the  west  by  Cannon 
street  from  Stanton  street  to  Broome  street,  west  to  Sheriff  street, 
south  to  Grand  street,  east  to  Jackson  street,  south  to  the  East 
river;  the  fourteenth  assembly  district  of  the  covmty  of  New  York; 
that  portion  of  the  sixteenth  assembly  district  of  the  county  of  New 
York,  bounded  on  the  north  by  East  Eleventh  street,  from  Avenue 
C,  to  the  East  river;  on  the  south  by  Stanton  street  from  Clinton 
street  to  the  East  river;  on  the  east  by  the  East  river  from  East 
Eleventh  street  to  Stanton  street;  on  the  west  by  Clinton  street 
from  Stanton  street  to  East  Houston  street,  north  by  Avenue  B 
to  East  Houston  street,  to  Seventh  street,  east  to  Avenue  C, 
north  to  East  Eleventh  street,  shall  compose  the  tenth  district. 
The  boundaries  of  the  said  tenth  district  are  as  follows:  Begin- 
ning at  East  Fourteenth  street  and  the  East  river,  west  to  Third 
avenue,  south  to  Saint  Mark's  place,  east  to  Second  avenue,  south 
to  Second  street,  east  to  First  avenue,  south  to  East  Houston 
street,  west  to  Eldridge  street,  south  to  Stanton  street,  east  to 
Cannon  street,  south  to  Broome  street,  west  to  Sheriff  street, 
south  to  Grand  street,  west  on  the  south  side  of  Grand  street  to 


362d    Political  Divisions  of  States,  Counties  and  Towns. 

Pitt  street,  south  to  Division  street,  west  to  Montgomery  street, 
to  northeast  corner  of  Henry  street  and  Montgomery  street,  diag- 
onally through  said  block  to  the  southwest  corner  of  Madison 
street  and  Clinton  street,  south  to  the  East  river,  thence  along 
the  East  river  to  the  point  or  place  of  beginning. 

Eh-i'cnth  district. — That  portion  of  the  fifth  assembly  district 
bounded  on  the  north  by  Christopher  street  from  West  Fourth 
street  to  Sixth  avenue,  to  Ninth  street,  to  Fifth  avenue,  to  East 
Tenth  street,  to  University  place,  to  East  Fourteenth  street,  to 
Third  avenue;  on  the  south  by  Grove  street  from  Hudson  street, 
to  Bleecker  street,  to  Cornelia  street,  to  Sixth  avenue,  to  West 
Third  street,  to  Broadway,  to  East  Fourth  street,  to  Third  ave- 
nue ;  on  the  east  by  Third  avenue  from  East  Fourth  street  to  East 
Fourteenth  street;  on  the  west  by  Hudson  street  from  Grove 
street  to  the  intersection  of  Hudson  street  and  Eighth  avenue; 
and  that  portion  of  the  seventh  assembly  district  of  the  county  of 
New  York  bounded  on  the  north  by  West  Twentieth  street  from 
the  North  river  to  Eighth  avenue;  on  the  south  by  Barrow  street 
from  the  Hudson  river  to  Hudson  street;  on  the  east  by  Eighth 
avenue  from  West  Twentieth  street  to  West  Fourteenth  street,  to 
Hudson  street,  to  Horatio  street,  to  Greenwich  street,  to  West 
Eleventh  street,  to  Hudson  street,  to  Barrow  street;  on  the  west 
by  the  Hudson  river  from  West  Twentieth  street  to  Barrow  street; 
that  portion  of  the  ninth  assembly  district  of  the  county  of  New 
York  bounded  on  the  north  by  West  Thirtieth  street  from  the 
Hudson  river  to  Seventh  avenue;  on  the  south  by  West  Twen- 
tieth street  from  the  Hudson  river  to  Eighth  avenue,  to  West 
Nineteenth  street,  to  Seventh  avenue;  on  the  east  by  Seventh  ave- 
nue from  West  Thirtieth  street  to  West  Twenty-third  street,  to 
Eighth  avenue,  to  West  Twenty-first  street,  to  Seventh  avenue,  to 
West  Nineteenth  street;  on  the  west  by  the  Hudson  river  from 
West  Thirtieth  street  to  West  Twentieth  street;  the  eleventh  as- 
sembly district  of  the  county  of  New  York ;  the  thirteenth  assem- 
bly district  of  the  county  of  New  York;  that  portion  of  the  fif- 
teenth assembly  district  of  the  county  of  New  York  bounded  on 
the  north  by  West  Forty-ninth  street  from  the  Hudson  river  to 
Tenth  avenue,  to  West  Fiftieth  street,  to  Ninth  avenue;  on  the 
south  by  West  Forty-sixth  street  from  the  Hudson  river  to  Tenth 
avenue,  to  West  Forty-third  street,  to  Ninth  avenue;  on  the  east 
by  Ninth  avenue  from  West  Fiftieth  street  to  West  Forty-third 
street;  on  the  west  by  the  Hudson  river  from  West  Forty-ninth 
street  to  West  Forty-sixth  street;  and  that  portion  of  the  seven- 
teenth assembly  district  of  the  county  of  New  York  bounded  on 
the  north  by  west  Sixtieth  street  from  the  Hudson  river  to  Colum- 
bus avenue;  on  the  south  by  West  Forty-ninth  street  from  the 
Hudson  river  to  Tenth  avenue,  to  West  Fiftieth  street,  to  Ninth 
avenue;  on  the  east  by  Columbus  avenue  from  West  Sixtieth 


Congressional  Districts.  3620 

street  to  West  Fifty-ninth  street,  and  by  Ninth  avenue  from  West 
Fifty-ninth  street  to  West  Fiftieth  street;  on  the  west  by  the 
Hudson  river  from  West  Sixtieth  street  to  West  Forty-ninth 
street,  shall  compose  the  eleventh  district.  The  boundaries  cf 
the  said  eleventh  district  are  as  follows:  beginning  at  Hudson 
river  and  Barrow  street  east,  to  Hudson  street,  north  to  Grove 
street,  easterly  to  Bleecker  street,  easterly  on  Bleecker  street,  to 
Cornelia  street,  easterly  on  Cornelia  street,  to  Sixth  avenue,  south 
to  West  Third  street,  east  to  Broadway,  north  to  East  Fourth 
street,  east  to  Third  avenue,  north  to  East  Fourteenth  street,  west 
to  University  place,  south  to  East  Tenth  street,  west  to  Fifth 
avenue,  south  to  West  Ninth  street,  west  to  Christopher  street, 
westerly  to  West  Fourth  street,  northerly  to  Eighth  avenue,  to 
Hudson  street,  southerly  along  Hudson  street  to  West  Eleventh 
street,  west  to  Greenwich  street,  north  to  Horatio  street,  east  to 
Hudson  street,  north  to  West  Fourteenth  street,  east  to  Eighth 
avenue,,  north  to  West  Nineteenth  street,  east  to  Seventh  avenue, 
north  to  West  Twenty-first  street,  west  to  Eighth  avenue,  north 
to  West  Twenty-third  street,  east  to  Seventh  avenue,  north  to 
West  Fortieth  street,  west  to  Eighth  avenue,  north  to  West 
Forty-third  street,  west  to  Ninth  avenue,  north  to  West  Sixtieth 
street,  west  to  Hudson  river  to  point  of  beginning  at  Hudson 
river  and  Barrow  street. 

Twelfth  district. — That  portion  of  the  eighteenth  assembly  dis- 
trict of  the  county  of  New  York  bounded  on  the  north  by  East 
Twenty-third  street  from  Third  avenue  to  Second  avenue,  to  East 
Twenty-fifth  street,  to  First  avenue,  to  East  Twenty-sixth  street, 
to  the  East  river;  on  the  south  by  East  Eighteenth  street  from 
Third  avenue  to  Second  avenue,  to  East  Fourteenth  street,  to  the 
East  river;  on  the  east  by  the  East  river  from  East  Twenty-sixth 
street  to  East  Fourteenth  street;  on  the  west  by  Third  avenue 
from  East  Eighteenth  street  to  East  Twenty-third  street;  that 
portion  of  the  twentieth  assembly  district  of  the  county  of  New 
York  bounded  on  the  north  by  East  Thirty-eighth  street  from 
Second  avenue  to  the  East  river;  on  the  south  by  East  Twenty- 
third  street  from  Lexington  avenue  to  Second  avenue,  to  East 
Twenty-fifth  street,  to  First  avenue,  to  East  Twenty-sixth  street, 
to  the  East  river;  on  the  east  by  the  East  river  from  East  Thirty- 
eighth  street  to  East  Twenty-fifth  street;  on  the  west  by  Second 
avenue  from  East  Thirty-eighth  street  to  East  Twenty-ninth 
street,  to  Lexington  avenue,  to  East  Twenty-third  street;  that 
portion  of  the  twenty-second  assembly  district  of  the  county  of 
New  York  bounded  on  the  north  by  East  Fifty-second  street 
from  Third  avenue  to  the  East  river;  on  the  south  by  East  Thirty- 
ninth  street  from  Lexington  avenue  to  Third  avenue,  to  East 
Thirty-seventh  street,  to  Second  avenue,  to  East  Tliirty-eighth 
street,  to  East  river;  on  the  east  by  the  East  river  from  East 


362f    Political  Divisions  of  States,  Counties  and  Towns. 

Fifty-second  street  to  East  Thirty-eighth  street;  on  the  west  by 
Third  avenue  from  East  Fifty-second  street  to  East  Forty-second 
street,  to  Lexington  avenue,  to  East  Thirty-ninth  street ;  that  por- 
tion of  the  twenty-fourth  assembly  district  of  the  county  of  New 
York  bounded  on  the  north  by  East  Sixty-fifth  street  from  Third 
avenue  to  the  East  river;  on  the  south  by  East  Fifty-third  street 
from  Lexington  avenue  to  Third  avenue,  to  East  Fifty-second 
street,  to  the  East  river;  on  the  east  by  the  East  river  from  East 
Sixty-fifth  street  to  East  Fifty-second  street,  including  Black- 
well's  island;  on  the  west  by  Third  avenue,  from  East  Sixty-fifth 
street  to  East  Fifty-ninth  street,  to  Lexington  avenue,  to  East 
Fifty-third  street;  that  portion  of  the  Twenty-sixth  assembly  dis- 
trict of  the  county  of  New  York  bounded  on  the  north  by  East 
Seventy-second  street  from  Lexington  avenue  to  the  East  river; 
on  the  south  by  East  Sixty-fourth  street  from  Lexington  avenue 
to  Third  avenue,  to  East  Sixty-fifth  street,  along  East  Sixty-fifth 
street  to  the  East  river;  on  the  east  by  the  East  river  from  East 
Seventy-second  street  to  East  Sixty-fifth  street;  on  the  west  by 
Lexington  avenue  from  East  Seventy-second  street  to  East 
Sixty-fourth  street,  shall  compose  the  twelfth  district.  The  boun- 
daries of  the  said  twelfth  district  are  as  follows:  Beginning  at  the 
East  river  and  East  Fourteenth  street,  west  to  Second  avenue^ 
north  to  East  Eighteenth  street,  west  to  Third  avenue,  north  to 
East  Twenty-third  street,  west  to  Lexington  avenue,  north  to 
East  Twenty-ninth  street,  east  to  Second  avenue,  north  to  East 
Thirty-seventh  street,  west  to  Third  avenue,  north  to  East  Thirty- 
ninth  street,  west  to  Lexington  avenue,  north  to  East  Forty-sec- 
ond street,  east  to  Third  avenue,  north  to  East  Fifty-third  street, 
west  to  Lexington  avenue,  north  to  East  Fifty-ninth  street,  east  to 
Third  avenue,  north  to  East  Sixty-fourth  street,  west  to  Lexing- 
ton avenue,  north  to  East  Seventy-second  street,  to  the  East  river 
to  point  of  beginning  at  the  East  river  and  East  Fourteenth  street, 
including  Blackwell's  island. 

Thirteenth  district. — That  portion  of  the  fifth  assembly  district 
of  the  county  of  New  York  bounded  on  the  north  by  West  Thir- 
teenth street  from  Eighth  avenue  to  Seventh  avenue,  to  West  Fif- 
teenth street,  to  Sixth  avenue,  to  West  Fourteenth  street,  to  East 
Fourteenth  street,  to  University  place;  on  the  south  by  Chris- 
topher street  from  West  Fourth  street  to  Sixth  avenue  and  West 
Ninth  street  from  Sixth  avenue  to  Fifth  avenue,  to  East  Tenth 
street,  to  University  place;  on  the  east  by  University  place  from 
East  Fourteenth  street  to  East  Tenth  street;  on  the  west  by 
Eighth  avenue  from  West  Thirteenth  street  to  West  Fourth 
street,  to  Christopher  street;  that  portion  of  the  seventh  assembly 
district  of  the  county  of  New  York  bounded  on  the  north  by 
West  Fourteenth  street  from  Hudson  street  to  Eighth  avenue,  to 
West  Nineteenth  street,  to  Seventh  avenue;  on  the  south  by  West 


Congressional  Districts.  362g 

Eleventh    street    from    Greenwich   street   to    Hudson   street,   to 
Eighth  avenue,  to  West  Tliirteenth  street,  to  Seventh  avenue;  on 
the  vi'est  6^  Eighth  avenue  from  West  Nineteenth  street  to  West 
Fourteenth  street,  to  Hudson  street,  to  Horatio  street,  to  Green- 
wich street,  to  West  Eleventh  street;  on  the  east  by  Seventh  ave- 
nue from  West  Nineteenth  street  to  West  Thirteenth  street,  that 
portion  of  the  ninth  assembly  district  of  the  county  of  New  York 
bounded  on  the  north  by  West  Twenty-third  street  from  Eighth 
avenue  to  Seventh  avenue;  on  the  south  by  West  Twenty-first 
street  from  Eighth  avenue  to  Seventh  avenue;  on  the  east  by 
Seventh  avenue  from  West  Twenty-third  street  to  West  Twenty- 
first  street ;  on  the  west  by  Eighth  avenue  from  West  Twenty-third 
street  to  West  Twenty-first  street;  that  portion  of  the  eighteenth 
assembly  district  of  the  county   of  New  York  bounded  on  the 
north  by  East  Nineteenth  street  from  Irving  place  to  Third  ave- 
nue, to  East  Eighteenth  street,  to  Second  avenue;  on  the  south  by 
East  Fourteenth  street  from  Irving  place  to  Second  avenue;  on 
the  east  by  Second  avenue  from  East  Eighteenth  street  to  East 
Fourteenth  street;  on  the  west  by  Irving  place  from  East  Nine- 
teenth street  to  East  Fourteenth  street;  that  portion  of  the  twen- 
tieth assembly  district  of  the  county  of  New  York  bounded  on  the 
north  by  East  Thirty-ninth  street  from  Lexington  avenue  to  Third 
avenue,  to  East  Thirty-seventh  street,  to  Second  avenue;  on  the 
south  by  East  Twenty-ninth  street  from   Lexington  avenue  to 
Second  avenue;  on  the  east  by  Second  avenue  from  East  Thirty- 
seventh  street  to  East  Twenty-ninth  street;  on  the  west  by  Lex- 
ington avenue  from  East  Thirty-ninth  street  to  East  Twenty-ninth 
street;  that  portion  of  the  twenty-second  assembly  district  of  the 
county  of  New  York  bounded  on  the  north  by  East  Fifty-third 
street  from  Lexington  avenue  to  Third  avenue;  on  the  south  by 
East  Forty-second  street  from  Lexington  avenue  to  Third  avenue; 
on  the  east  by  Third  avenue  from  East  Fifty-third  street  to  East 
Forty-second  street ;  on  the  west  by  Lexington  avenue  from  East 
Fifty-third  street  to  East  Forty-second  street ;  that  portion  of  the 
twenty-fourth    assembly    district   of   the   county    of   New   York 
bounded  on  the  north  by  East  Sixty-fourth  street  from  Lexington 
avenue  to  Tliird  avenue;  on  the  south  by  East  Fifty-ninth  street 
from  Lexington  avejiue  to  Third  avenue;  on  the  east  by  Third 
avenue  from  East  Sixty-fourth  street  to  East  Fifty-ninth  street; 
on  the  west  by  Lexington  avenue  from  East  Sixty-fourth  street. 
to  East  Fifty-ninth  street;  the  twenty-fifth  assembly  district  of 
the  county  of  New  York;  the  twenty-seventh  assembly  district  of 
the  county  of  New  York;  and  that  portion  of  the  twenty-ninth 
assembly  district  of  the  county  of  New  York  bounded  on  the  north 
by  a  line  through  Central  Park  from  Central  Park  West  and  West 
Eighty-sixth  street  to  Fifth  avenue  and  Eighty-sixth  street,  to 


362h     Political  Divisions  of  States,  Counties  and  Towns. 

East  Ninety-third  street,  to  Park  avenue,  to-  East  Eighty-ninth 
street  to  Lexington  avenue;  on  the  south  by  West  Fifty-third 
street  from  Seventh  avenue,  to  Fifth  avenue,  to  East  Fifty-fourth 
street,  to  Lexington  avenue;  on  the  east  by  Lexington  avenue 
from  East  Eighty-ninth  street  to  East  Fifty-fourth  street;  on  the 
west  by  Central  Park  West  from*  West  Eighty-sixth  street  to  West 
Fifty-ninth  street  to  Sixth  avenue,  to  West  Fifty-fifth  street,  to 
Seventh  avenue,  to  West  Fifty-third  street,  shall  compose  the  thir- 
teenth district.  The  boundaries  of  the  said  thirteenth  district  are 
as  follows:  beginning  at  the  northwest  corner  of  Hudson  street 
and  West  Eleventh  street,  north  to  Eighth  avenue,  to  West 
Fourth  street,  south  to  Christopher  street,  east  to  West  Ninth 
street,  east  to  Fifth  avenue,  north  to  East  Tenth  street,  east  to 
University  place,  north  to  East  Fourteenth  street,  east  to  Second 
avenue,  north  to  East  Eighteenth  street,  west  to  Third  avenue, 
north  to  East  Twenty-third  street,  west  to  Lexington  avenue, 
north  to  East  Twenty-ninth  street,  east  to  Second  avenue,  north 
to  East  Thirty-seventh  street,  west  to  Third  avenue,  north  to  East 
Thirty-ninth  street,  west  to  Lexington  avenue,  north  to  East 
Forty-second  street,  east  to  Third  avenue,  north  to  East  Fifty- 
third  street,  west  to  Lexington  avenue,  north  to  East  Fifty-ninth 
street,  east  to  Third  avenue,  north  to  East  Sixty-fourth  street,  west 
to  Lexington  avenue,  north  to  East  Eighty-ninth  street,  west  to 
Park  avenue,  north  to  East  Ninety-third  street,  west  to  Fifth  ave- 
nue, south 'along  Fifth  avenue  to  Eighty-sixth  street,  west  across 
Central  Park  to  West  Eighty-sixth  street  and  Central  Park  West, 
south  to  West  Fifty-ninth  street,  east  to  Sixth  avenue,  south  to 
West  Fifty-fifth  street,  west  to  Seventh  avenue,  south  to  West 
Fifty-third  street,  west  to  Eighth  avenue,  south  to  West 
Fortieth  street,  east  to  Seventh  avenue,  south  to  West  Twenty- 
third  street.  West  to  Eighth  avenue,  south  to  West  Twenty-first 
street,  east  to  Seventh  avenue,  south  to  West  Nineteenth  street, 
west  to  Eighth  avenue,  south  to  West  Fourteenth  street,  west  to 
Hudson  street,  south  to  Horatio  street,  west  to  Greenwich  street, 
south  to  West  Eleventh  street,  east  to  point  of  beginning  at  the 
northwest  corner  of  West  Eleventh  street  and  Hudson  street. 

Fourteenth  district. — That  portion  of  the  twenty-sixth  assembly 
district  of  the  county  of  New  York  bounded  on  the  north  by  East 
Seventy-fifth  street  from  Lexington  avenue  to  Third  avenue,  to 
East  Seventy-sixth  street,  to  the  East  river;  on  the  south  by  East 
Seventy-second  street  from  Lexington  avenue  to  the  East  river; 
on  the  east  by  the  East  river  from  East  Seventy-sixth  street  to 
East  Seventy-second  street;  on  the  west  by  Lexington  avenue 
from  East  Seventy-fifth  street  to  East  Seventy-second  street ;  the 
twenty-eighth  assembly  district  of  the  county  of  New  York;  that 
portion  of  the  thirtieth  assembly  district  of  the  county  of  New. 


' 


Congressional  Districts.  3621 

York  bounded  on  the  north  by  East  Eighty-ninth  street  from 
Lexington  avenue  to  Third  avenue  to  East  Eighty-eighth  street, 
to  the  East  river;  on  the  south  by  East  Eighty-fourth  street  from 
Lexington  avenue  to  Second  avenue,  to  East  Eighty-third  street, 
to  the  East  river;  on  the  east  by  the  East  river  from  East  Eighty- 
eighth  street  to  East  Eighty-third  street;  on  the  west  by  Lexing- 
ton avenue  from  East  Eighty-ninth  street  to  East  Eighty-fourth 
street;  and  the  first  ward  of  Queens  county,  known  as  Long  Island 
City,  and  the  second  ward  of  Queens  county,  known  as  the  town 
of  Newtown,  shall  compose  the  fourteenth  district.  The  bounda- 
ries of  the  said  fourteenth  district  are  as  follows:  beginning  at  the 
East  river  and  East  Seventy-second  street,  west  to  Lexington 
avenue,  north  to  East  Eighty-ninth  street,  east  to  Third  avenue, 
south  to  East  Eighty-eighth  street,  east  to  the  East  river,  to  point 
of  beginning  at  the  East  river  and  East  Seventy-second  street, 
and  that  part  of  Queens  county  known  as  the  first  and  second 
wards  of  Queens  county  whose  boundaries  are  as  follows:  Begin- 
ning at  Newtown  creek  and  the  East  river  to  Flushing  creek, 
south  to  Ward  street,  Richmond  hill,  west  to  Forest  park,  along 
the  southern  boundary  of  Forest  park  through  Cypress  Hill  ceme- 
tery, to  the  Kings  county  line,  northwest  to  Newtown  creek  to 
point  of  beginning  at  Newtown  creek  and  the  East  river. 

Fifteenth  district: — That  portion  of  the  fifteenth  assembly  dis- 
trict of  the  county  of  New  York  bounded  on  the  north  by  West 
Fifty-third  street  from  Ninth  avenue  to  Eighth  avenue;  on  the 
south  by  West  Forty-third  street  from  Ninth  avenue  to  Eighth 
avenue;  on  the  east  by  Eighth  avenue  from  West  Fifty-third 
street  to  West  Forty-third  street;  on  the  west  by  Ninth  avenue 
from  West  Fifty-third  street  to  West  Forty-third  street;  that  por- 
tion of  the  seventeenth  assembly  district  of  the  county  of  New 
York  bounded  on  the  north  by  West  Sixty-first  street  from 
Columbus  avenue  to  Central  Park  West;  on  the  south  by  West 
Fifty-third  street  from  Ninth  avenue  to  Eighth  avenue;  on  the 
east  by  Central  Park  West  and  Eighth  avenue  from  West  Sixty- 
first  street  to  West  Fifty-third  street;  on  the  west  by  Columbus 
avenue  and  Ninth  avenue  from  West  Sixty-first  to  West  Fifty- 
third  street;  the  nineteenth  assembly  district  of  the  county  of 
New  York;  that  portion  of  the  twenty-first  assembly  district  of 
the  county  of  New  York  bounded  on  the  north  by  West  One 
Hundred  and  First  street  from  the  Hudson  river  to  Columbus 
avenue,  to  West  One  Hundred  and  Second  street,  to  Central  Park 
West;  on  the  south  by  West  Eighty-ninth  street  from  the  Hudson 
river  to  Amsterdam  avenue,  to  West  Eighty-sixth  street,  to 
Columbus  avenue,  to  West  Eighty-first  street,  to  Central  Park 
West:  on  the  east  by  Central  Park  West  from  West  One  Hundred 
and  Second  street  to  West  Eighty-first  street;  on  the  west  by  the 


362J     Political  Divisions  of  States,  Counties  and  Towns. 

Hudson  river  from  West  One  Hundred  and  First  street  to  West 
Eighty-ninth  street;  and  that  portion  of  the  twenty-ninth  assem- 
bly district  of  the  county  of  New  York  bounded  on  the  north  by 
the  Central  Park  Transverse  road  from  West  Ninety-seventh 
street  and  Central  Park  West  to  Ninety-seventh  street  and  Fifth 
avenue,  to  East  Ninety-sixth  street,  to  Lexington  avenue;  on  the 
south  by  a  line  through  Central  park  from  West  Eighty-sixth 
street  and  Central  Park  West  to  Eighty-sixth  street  and  Fifth 
avenue,  to  Ninety-third  street,  to  Park  avenue,  to  East  Eighty- 
ninth  street,  tq  Lexington  avenue;  on  the  east  by  Lexington  ave- 
nue from  East  Ninety-sixth  street  to  East  Eighty-ninth  street; 
on  the  west  by  Central  Park  West  from  West  Ninety-seventh 
street  to  West  Eighty-sixth  street;  and  also  that  portion  of  the 
twenty-ninth  assembly  district  of  the  county  of  New  York 
bounded  on  the  north  by  West  Fifty-ninth  street  from  Central 
Park  West  to  Sixth  avenue;  on  the  south  by  West  Fifty-third 
street  from  Eighth  avenue  to  Seventh  avenue,  to  West  Fifty-fifth 
street,  to  Sixth  avenue;  on  the  east  by  Sixth  avenue  from  West 
Fifty-ninth  street  to  West  Fifty-fifth  street ;  on  the  west  by  Eighth 
avenue  from  West  Fifty-ninth  street  to  West  Fifty-third  street, 
shall  compose  the  fifteenth  district.  The  boundaries  of  the  said 
fifteenth  district  are  as  follows:  Beginning  at  the  Hudson  river 
and  West  Sixtieth  street,  east  to  Columbus  avenue,  south  along 
Columbus  avenue  and  Ninth  avenue  to  West  Forty-third  street, 
east  to  Eighth  avenue,  north  to  West  Fifty-third  street,  east  to 
Seventh  avenue,  north  to  West  Fifty-fifth  street,  east  to  Sixth 
avenue,  north  to  West  Fifty-ninth  street,  west  to  Central  Park 
West,  north  to  West  Eighty-sixth  street,  east  across  Central  Park 
to  Eighty-sixth  street  and  Fifth  avenue,  north  along  Fifth  avenue 
to  Ninety-third  street,  east  to  Park  avenue,  south  to  East 
Eighty-ninth  street,  east  to  Lexington  avenue,  north  to  East 
Ninety-sixth  street,  west  to  Fifth  avenue,  north  to  East  Ninety- 
seventh  street,  west  across  Central  Park  Transverse  road  to  West 
Ninety-seventh  street  and  Central  Park  West,  north  to  West  One 
Flundred  and  Second  street,  west  to  Columbus  avenue,  south  to 
West  One  Hundred  and  First  street,  west  to  Hudson  river,  to  the 
point  of  beginning  at  Hudson  river  and  West  Sixtieth  street. 

Sixteenth  district. — That  portion  of  the  thirtieth  assembly  dis- 
trict of  the  county  of  New  York  bounded  on  the  north  by  East 
Ninety-second  street  from  Lexington  avenue  to  Third  avenue,  to 
East  Ninety-fourth  street,  to  the  East  river;  on  the  south  by  East 
Eight^'-ninth  street  from  Lexington  avenue  to  Third  avenue,  to 
East  Eighty-eighth  street,  to  the  East  river;  on  the  east  by  the 
East  river  from  East  Ninety-fourth  street  to  East  Eighty-eighth 
street;  on  the  west  by  Lexington  avenue  from  East  Ninety- 
second  street  to  East  Eighty-ninth  street;  that  portion  of  the 


Congressional  Districts.  362IC 

thirty-first  assembly  district  of  the  county  of  New  York  bounded 
on  the  north  by  East  One  Hundred  and  Twentieth  street  from 
Fifth  avenue  to  Park  avenue;  on  the  south  by  East  One  Hundred 
and  Tenth  street  from  Fifth  avenue  to  Park  avenue;  on  the  east 
by  Park  avenue  from  East  One  Hundred  and  Twentieth  street  to 
East  One  Hundred  and  Tenth  street;  on  the  west  by  Fifth  avenue 
from  East  One  Hundred  and  Twentieth  street  to  East  One  Hun- 
dred and  Tenth  street;  of  the  county  of  New  York  the  tliirty- 
second  assembly  district,  including  Ward's  Island;  and  the  thirty- 
third  assembly  district  of  the  county  of  New  York,  including 
Randall's  island,  shall  compose  the  sixteenth  district.  The  boun- 
daries of  said  sixteenth  district  are  as  follows:  beginning  at  the 
East  river  and  East  Eighty-eighth  street,  west  to  Third  avenue, 
north  to  East  Eighty-ninth  street,  west  to  Lexington  avenue, 
north  to  East  Ninety-sixth  street,  west  to  Fifth  avenue,  north  to 
East  One  Hundred  and  Twentieth  street,  east  to  Park  avenue, 
south  to  East  One  Hundred  and  Nineteenth  street,  east  to  the 
East  river,  to  point  of  beginning  at  the  East  river  and  East 
Eighty-eighth  street,  including  Randall's  and  Ward's  islands. 

Seventeenth  district. — That  portion  of  the  twenty-first  assembly 
district  of  the  county  of  New  York  bounded  on  the  north  by 
West  One  Hundred  and  Nineteenth  street  from  the  Hudson  river 
to  Broadway,  to  West  One  Hundred  and  Twentieth  street,  to 
Seventh  avenue;  on  the  south  by  West  One  Hundred  and  First 
street  from  the  Hudson  river  to  Columbus  avenue,  to  West  One 
Hundred  and  Second  street,  to  Central  Park  West,  to  West 
Ninety-seventh  street,  across  the  Central  Park  Transverse  road 
to  East  Ninety-seventh  street  and  Fifth  avenue;  on  the  west  by 
the  Hudson  river  from  West  One  Hundred  and  Nineteenth  street 
to  West  One  Hundred  and  First  street;  on  the  east  by  Seventh 
avenue  from  West  One  Hundred  and  Twentieth  street  to  West 
One  Hundred  and  Tenth  street,  to  Fifth  avenue,  to  the  Central 
Park  Transverse  road  at  Fifth  avenue  and  East  Ninety-seventh 
street;  the  twenty-third  assembly  district  of  the  county  of  New 
York;  and  that  portion  of  the  thirty-first  assembly  district  of  the 
county  of  New  York  bounded  on  the  north  by  West  One  Hun- 
dred and  Thirty-fourth  street  from  Eighth  avenue  to  Fifth  ave- 
nue, to  East  One  Hundred  and  Twenty-ninth  street,  to  Park  ave- 
nue; on  the  south  by  West  One  Hundred  and  Twentieth  street 
from  Eighth  avenue  to  Seventh  avenue,  to  West  One  Hundred 
and  Tenth  street,  to  Fifth  avenue;  on  the  east  by  Park  avenue 
from  East  One  Hundred  and  Twenty-ninth  street  to  East  One 
Hundred  and  Twentieth  street,  to  Fifth  avenue,  to  West  One 
Hundred  and  Tenth  street;  on  the  west  by  Eighth  avenue  from 
West  One  Hundred  and  Thirty-fourth  street  to  West  One  Hun- 
dred and  Twentieth  street  shall  compose  the  seventeenth  district. 


362I     Political  Divisions  of  States,  Counties  and  Towns. 

The  boundaries  of  the  said  seventeenth  district  are  as  follows: 
beginning  at  the  Hudson  river  and  West  One  Hundred  and  First 
street  east  to  Columbus  avenue,  north  to  West  One  Hundred  and 
Second  street,  east  to  Central  Park  West,  south  to  West  Ninety- 
seventh  street,  east  across  the  Central  Park  Transverse  road  to 
Fifth  avenue  and  East  Ninety-seventh  street,  north  to  East  One 
Hundred  and  Twentieth  street,  east  to  Park  avenue,  north  to 
East  One  Hundred  and  Twenty-ninth  street,  west  to  Fifth  avenue, 
north  to  the  Harlem  river,  to  the  Hudson  river,  to  the  point  of 
beginning  at  the  Hudson  river  and  West  One  Hundred  and  First 
street. 

Eighteenth  district. — The  thirty-fourth  assembly  district  and  the 
thirty-fifth  assembly  district  of  the  county  of  New  York  and  the 
annexed  district,  shall  compose  the  eighteenth  district.  The 
boundaries  of  the  said  eighteenth  district  are  as  follows :  beginning- 
at  the  East  river  and  East  One  Hundred  and  Nineteenth  street, 
west  to  Park  avenue,  north  to  East  One  Hundred  and  Twenty- 
ninth  street,  west  to  Fifth  avenue,  north  to  the  Harlem  river,  to 
the  Hudson  river,  to  the  Yonkers  city  line,  to  Long  Island  sound, 
to  the  East  river,  to  the  point  of  beginning  at  the  East  river  and 
East  One  Hundred  and  Nineteenth  street,  including  islands  in 
Long  Island  sound  and  Harlem  river  attached  to  the  said  thirty- 
fourth  and  thirty-fifth  assembly  districts  and  the  annexed  district. 

Nineteenth  district. — The  county  of  Westchester  shall  compose 
the  nineteenth  district. 

Tzventieth  district. — The  counties  of  Sullivan,  Orange  and  Rock- 
land shall  compose  the  twentieth  district. 

Twenty-first  district. — The  counties  of  Greene,  Columbia,  Put- 
nam and  Dutchess  shall  compose  the  twenty-first  district. 

Tzventy-sccond  district. — The  counties  of  Rensselaer  and  Wash- 
ington shall  compose  the  twenty-second  district. 

Twenty-third  district. — The  counties  of  Albany  and  Schenec- 
tady shall  compose  the  twenty-third  district. 

Twenty-fotirth  district. — The  counties  of  Delaware,  Otsego,  Ul- 
ster and  Schoharie  shall  compose  the  twenty-fourth  district. 

Tzventy-Hfth  district. — The  counties  of  Fulton,  Hamilton,  Mont- 
gomery, Warren  and  Saratoga  shall  compose  the  twenty-fifth 
district. 

Twenty-sixth  district. — The  counties  of  Clinton,  Essex,  Frank- 
lin and  Saint  Lawrence  shall  compose  the  twenty-sixth  district. 

Twenty-seventh  district. — The  counties  of  Herkimer  and  Oneida 
shall  compose  the  twenty-seventh  district. 

Twenty-eighth  district. — The  counties  of  Jefiferson,  Lewis  and 
Oswego  shall  compose  the  twenty-eighth  district. 

Trrenty-ninth  district. — The  counties  of  Onondaga  and  Madison 
shall  compose  the  twenty-ninth  district. 


Judicial  Districts.  363 

Thirtieth  district. — The  counties  of  Broome,  Chenango,  Tioga, 
Tompkins  and  Cortland  shall  compose  the  thirtieth  district. 

Thirty-first  district. — The  counties  of  Cayuga,  Ontario,  Wayne 
and  Yates  shall  compose  the  thirty-first  district. 

Thirty-second  district. — The  county  of  Monroe  shall  compose 
the  thirty-second  district. 

Thirty-third  district. — The  counties  of  Chemung,  Schuyler, 
Seneca  and  Steuben  shall  compose  the  thirty-third  district. 

Thirty-fourth  district. — The  counties  of  Genesee,  Livingston, 
Niagara,  Orleans  and  Wyoming  shall  compose  the  thirty-fourth 
district. 

Thirty-fifth  district. — The  first,  second,  third,  fourth,  fifth,  sixth, 
seventh,  eighth,  ninth,  tenth,  eleventh,  twelfth,  thirteenth,  four- 
teenth, fifteenth,  sixteenth  and  eighteenth  wards  of  the  city  of 
Buffalo  as  now  constituted  shall  compose  the  thirty-fifth  district. 

Thirty-sixth  district. — Tlie  seventeenth,  nineteenth,  twentieth, 
twenty-first,  twenty-second,  twenty-third,  twenty-fourth  and 
twenty-fifth  wards  of  the  city  of  Buffalo  as  now  constituted  and 
the  seventh  and  eighth  assembly  districts  of  the  county  of  Erie 
shall  compose  the  thirtv-sixth  district. 

Thirty-seventh  district. — The  counties  of  Allegany,  Cattaraugus 
and  Chautauqua  shall  compose  the  thirty-seventh  district. 

§  3,  This  act  shall  take  effect  immediately, 

JUDICIAL  DISTRICTS. 

The  state  is  divided  into  eight  judicial  districts,  numbered  and 
composed  of  the  territory,  respectively,  as  follows: 

First. —  The  city  of  New  York. 

Second. —  The  counties  of  Richmond,  Suffolk,  Queens,  Kings, 
Westchester,  Orange,  Rockland,  Putnam  and  Dutchess. 

Third. —  The  counties  of  Columbia,  Sullivan,  Ulster,  Greene, 
Albany,  Schoharie  and  Rensselaer. 

Fourth. —  The  counties  of  Warren,  Saratoga,  Washington,  Essex, 
Franklin,  Saint  Lawrence,  Clinton,  Montgomery,  Hamilton,  Ful- 
ton and  Schenectady. 

Fifth. —  The  counties  of  Onondaga,  Oswego,  Oneida,  Herkimer, 
Jefferson  and  Lewis. 

Sixth. —  The  counties  of  Otsego,  Delaware,  Madison,  Chenango, 
Broome,  Tioga,  Chemung,  Tompkins,  Cortland  and  Schuyler. 

Seventh. —  The  counties  of  Livingston,  Wayne,  Seneca,  Yates, 
Ontario,  Steuben,  Monroe  and  Cayuga. 

Eighth. —  The  counties  o^  Erie,  Chautauqua,  Cattaraugus, 
Orleans,  Niagara,  Genesee,  A  legany  and    v'yoming. 


364     Political  Divisions  of  States,  Counties  and  Towns: 


SCHOOL  COMMISSIONER  DISTRICTS. 

The  districts  as  organized  in  the  different  counties  on  the  ist 
day  of  January,  1900,  are  as  follows  : 

Albany  County. 
See  L.  1902,  Chap.  561. 

First  district. —  Towns  of  Bethlehem,  Coeymans  and  New  Scot- 
land. 

Second  district. —  Towns  of  Berne,  Knox,  Rensselaerville  and 
Westerlo. 

Third  district. —  Towns  of  Colonic,  Green  Island  and  Guilder- 
land. 

The  city  of  Albany  is  organized  under  a  special  school  act. 

The  city  of  Cohoes  is  organized  under  a  special  school  act. 

The  city  of  Watervliet  is  organized  under  a  special  school  act. 

Allegany  County. 

First  district. — Towns  of  Allen,  Almond,  Angelica,  Belfast, 
Birdsall,  Burns,  Caneadea,  Centreville,  Granger,  Grove,  Hume, 
New  Hudson,  Rushford  and  West  Almond. 

Second  district. — Towns  of  Alfred,  Alma,  Amity,  Andover,  Bol- 
ivar, Clarksville,  Cuba,  Friendship,  Genesee,  Independence,  Scio^ 
Ward,  Wellsville,  Willing  and  Wirt. 

Broome  County. 

First  district. — Towns  of  Chenango,  Colesville,  Conklin,  Fenton, 
Kirkwood,  Sanford  and  Windsor. 

Second  district. — Towns  of  Barker,  Binghamton,  Dickinson, 
Chenango,  Lisle,  Maine,  Nanticoke,  Triangle,  Union  and  Vestal. 

The  city  of  Binghamton  is  organized  under  a  special  school  act. 

Cattaraugus  County. 

First  district. — Towns  of  Allegany,  Farmersville,  Franklinville, 
Freedom,  Hinsdale,  Humphrey,  Ischua,  Lyndon,  Machias,  Olean, 
Portville  and  Yorkshire. 

Second  district. — Towns  of  Carrollton,  Coldspring,  Conewango, 
Ellicottville,  Elko,  Great  Valley,  Napoli,  Randolph,  Red  House, 
Salamanca  and  South  Valley. 


School  Commissioner  Districts.  365 

Third  .district. — Towns  of  Ashford,  Dayton,  East  Otto,  Leon, 
Little  Valley,  Mansfield,  New  Albion,  Otto,  Perrysburg  and  Per- 
sia. 

Cayuga  County. 

First  district. — Towns  of  Brutus,  Cato,  Conquest,  Ira,  Mentz, 
Montezuma,  Sennett,  Sterling,  Throop  and  Victory. 

Second  district. — Towns  of  Aurelius,  Fleming,  Genoa,  Ledyard, 
Locke,  Moravia,  Niles,  Owasco,  Scipo,  Sempronius,  Summer  Hill, 
Springport  and  Venice. 

The  city  of  Auburn  is  organized  under  a  special  school  act. 

Chautauqua  County. 

First  district. — Towns  of  Busti,  Chautauqua,  Clymer,  French 
Creek,  Harmony,  Mina  and  Sherman. 

Second  district. — Towns  of  Arkwright,  Hanover,  Pomfret, 
Portland,  Ripley,  Sheridan,  Villanova  and  West  Field. 

Third  district. — Towns  of  Carroll,  Charlotte,  Cherry  Creek,  El- 
iery,  Ellicott,  Ellington,  Gerry,  Kiantone,  Poland  and  Stockton. 

The  city  of  Dunkirk  is  organized  under  a  special  school  act. 

The  city  of  Jamestown  is  organized  under  a  special  school  act. 

Chemung  County. 

Comprises  a  single  district. 

The  city  of  Elmira  is  organized  under  a  special  school  act. 

Chenango  County. 

First  district. — Towns  of  Columbus,  Lincklaen,  New  Berlin, 
North  Norwich,  Norwich,  Otselic,  Pharsalia,  Pitcher,  Plymouth, 
Sherburne  and  Smyrna. 

Second  district. — Towns  of  Afton,  Bainbridge,  Coventry, 
Greene,  German,  Guilford,  McDonough,  Oxford,  Preston  and 
Smithville. 

Clinton  County. 

First  district. — Towns  of  Ausable,  Black  Brook,  Dannemora. 
Peru,  Plattsburgh,  Saranac  and  Schuyler  Falls. 

Second  district. — Towns  of  Altoona,  Beekmantown,  Champlain,. 
Chazy,  Clinton,  Ellenburgh  and  Mooers. 


366   Political  Divisions  of  States,  Counties  and  Towns. 

Columbia  County. 

First  district. — Towns  of  Ancram,  Claverack,  Clermont,  Copake, 
Gallatin,  Germantown,  Greenport,  Livingston  and  Taghkanic. 

Second  district. — Towns  of  Austerlitz,  Canaan,  Chatham,  Ghent, 
Hillsdale,  Kinderhook,  New  Lebanon,  Stockport  and  Stuyvesant. 

The  city  of  Hudson  is  organized  under  a  special  school  act. 

Cortland  County. 

First  district. — Towns  of  Cincinnatus,  Cortlandville,  Freetown^ 
Harford,  Lapeer,  Marathon,  Virgil  and  Willett. 

Second  district. — Towns  of  Cuyler,  Homer,  Preble,  Scott,  Solon^ 
Taylor  and  Truxton. 

Delaware  County. 

First  district. — Towns  of  Colchester,  Deposit,  Franklin,  Hani- 
den,  Hancock,  Masonville,  Sydney,  Tompkins  and  Walton. 

Second  district. — Towns  of  Andes,  Bovina,  Davenport,  Delhi,. 

Harpersfield,    Kortright,    Meredith,    Middletown,    Roxbury    and 

Stamford. 

Dutchess  County. 

First  district. — Towns  of  Amenia,  Beekman,  Dover,  East  Fish- 
kill,  Fishkill,  La  Grange,  North  East,  Pawling,  Pine  Plains,  Stam- 
ford, Union  Vale,  Wappinger  and  Washington. 

Second  district. — Towns  of  Clinton,  Hdye  Park,  Milan,  Pleasant 
Valley,  Poughkeepsie,  Red  Hood,  Rhinebeck. 

Erie  County, 

First  district. — Towns  of  Alden,  Amherst,  Cheektowaga,  Clar- 
ence, Grand  Island,  Lancaster,  Newstead  and  Tonawanda. 

Second  district. — Towns  of  Aurora,  East  Hamburg,  Eden, 
Elma,  Evans,  Hamburg,  Marilla,  Wales  and  West  Seneca. 

Third  district. — Towns  of  Boston,  Brant,  Colden,  Concord,  Col- 
lins, Holland,  North  Collins  and  Sardinia. 

The  city  of  Buffalo  is  organized  under  a  special  school  act. 

Essex  County. 

First  district. — Towns  of  Chesterfield,  Elizabethtown,  Essex, 
Jay,  Keene,  Lewis,  North  Elba,  St.  Armand,  Willsborough  and 
Wilmington. 


School  Commissioner  Districts.  367 

Second  district. — Towns  of  Crown  Point,  Minerva,  Moriah 
Newcomb,  North  Hudson,  Schroon,  Ticonderoga  and  Westport. 

Franklin  County. 

First  district. — Towns  of  Bellmont,  Brighton,  Burke,  Chateau- 
gay,  Duane,  FrankHn,  Harrietstown  and  Malone. 

Second  district. — Towns  of  Altamont,  Bangor,  Bombay,  Bran- 
don, Constable,  Dickinson,  Fort  Covington,  Moria,  Santa  Clara, 
Waverly  and  Westville. 

Fulton  County. 

Comprises  a  single  district,  excluding  Gloversville  and  Johns- 
town. 

The  city  of  Gloversville  is  organized  under  a  special  school  act 
The  city  of  Johnstown  is  organized  under  a  special  school  act. 

Genesee  County. 
Comprises  a  single  district. 

Greene  County. 

First  district. — Towns  of  Athens,  Cairo,  Catskill,  Halcott,  Hun- 
ter, Jewett  and  Lexington. 

Second  district. — Towns  of  Ashland,  Coxsackie,  Durham, 
Greenville,  New  Baltimore,  Prattsville  and  Windham. 

Hamilton  County. 
Comprises  a  single  district. 

Herkimer  County. 

First  district. — Towns  of  Fairfield,  Herkimer,  Little  Falls, 
Manheim,  Newport,  Norway,  Ohio,  Russia,  Salisbury,  Webb 
and  Wilmurt. 

Second  district. — Towns  of  Columbia,  Danube,  Frankfort,  Ger- 
man Flats,  Litchfield,  Schuyler,  Stark,  Warren  and  Winfield. 

City  of  Little  Falls  organized  under  special  school  act. 

Jefferson  County. 

First  district. — Towns  of  Adams,  Ellisburgh,  Le  Ray,  Lorraine, 
Pamelia,  Rodman,  Watertown  and  Worth. 


368   Political  Divisions  of  States,  Counties  and  Towns. 

Second  district. — Towns  of  Alexander,  Antwerp,  Champion, 
Philadelphia,  Rutland,  Theresa  and  Wilna. 

Third  district. — Towns  of  Brownville,  Cape  Vincent,  Clayton, 
Henderson,  Hounsfield,  Lyme  and  Orleans. 

The  city  of  Watertown  is  organized  under  a  special  school  act. 

Kings  County. 

Comprises  a  single  district,  excluding  the  city  of  Brooklyn. 
The  city  of  Brooklyn  is  organized  under  a  special  school  act. 

Lewis  County. 

First  district. — Towns  of  Greig,  High  Market,  Lewis,  Leyden, 
Lyonsdale,  Martinsburgh,  Osceola,  Turin  and  West  Turin. 

Second  district. — Towns  of  Croghan,  Denmark,  Diana,  Harris- 
burgh,  Lowville,  Montague,  New  Bremen,  Pinckney  and  Wat- 
son. 

Livingston  County. 

First  district. — Towns  of  Avon,  Caledonia,  Conesus,  Geneseo, 
Groveland,  Leicester,  Lima,  Livonia  and  York. 

Second  district. — Towns  of  Mount  Morris,  North  Dansville, 
Nunda,  Ossian,  Portage,  Sparta,  Springwater  and  West  Sparta. 

Madison  County. 

First  'district. — Towns  of  Brookfield,  De  Ruyter,  Eaton,  George- 
town, Hamilton,  Lebanon,  Madison  and  Nelson. 

Second  district. — Towns  of  Cazenovia,  Fenner,  Lenox,  Lincoln, 
Oneida,  Smithfield,  Stockbridge  and  Sullivan. 

Monroe  County. 

First  district. — Towns  of  Brighton,  Henrietta,  Irondequoit, 
Mendon,  Penfield,  Perrinton,  Pittsford,  Rush  and  Webster. 

Second  district. — Towns  of  Clarkson,  Chili,  Gates,  Greece, 
Hamlin,  Ogden,  Parma,  Riga,  Sweden  and  Wheatland. 

The  city  of  Rochester  is  organized  under  a  special  school  act. 

Montgomery  County. 

Comprises  a  single  district. 

City  of  Amsterdam  is  organized  under  a  special  school  act. 


School  Commissioner  Districts.  369 

Nassau  County. 
Comprises  a  single  district. 

New  York. 

Comprises  the  boroughs  of  Manhattan  and  the  Bronx  in  the  city 
of  New  York. 

New  York  city  is  organized  under  a  special  school  act. 

Niagara  County. 

First  district. — Towns  of  Cambria,  Lockport,  Pendleton,  Royal- 
ton  and  Wheatfield. 

Second  district. — Towns  of  Hartland,  Lewiston,  Newfane,  Ni- 
agara, Porter,  Somerset  and  Wilson. 

The  city  of  Niagara  Falls  is  organized  under  a  special  school  act. 

The  city  of  Lockport  is  organized  under  a  special  school  act. 

Oneida  County. 

First  district. — Towns  of  Deerfield,  Floyd,  Marcy,  New  Hart- 
ford and  Whitestown. 

Second  district. — Towns  of  Augusta,  Bridgewater,  Kirkland, 
Marshall,  Paris,  Sangerfield,  Vernon  and  Westmoreland. 

Third  district. — Towns  of  Camden,  Florence,  Rome,  Verona  and 
Vienna. 

Fourth  district. — Towns  of  Annsville,  Ava,  Boonville,  Forest- 
port,  Lee,  Remsen,  Steuben,  Trenton  and  Western. 

The  city  of  Utica  is  organized  under  a  special  school  act. 

The  city  of  Rome  is  organized  under  a  special  school  act. 

Onondaga  County. 

First  district. — Towns  of  Camillus,  Clay,  Elbridge,  Lysander, 
Salina  and  Van  Buren. 

Second  district. — Towns  of  Geddes,  Marcellus,  Onondaga, 
Otisco,  Skaneateles,  Spafford  and  Tully. 

Third  district. — Towns  of  Cicero,  De  Witt,  Fabius,  Lafayette, 
Manlius  and  Pompey. 

The  city  of  Syracuse  is  organized  under  a  special  school  act. 

Ontario  County. 
First  district. — Towns  of  Farmington,  Geneva,  Gorham,  Hope- 
well, Manchester,  Phelps  and  Seneca. 


370   Political  Divisions  of  States,  Counties  and  Towns. 

Second  district. — Towns  of  Bristol,  Canadice,  Canandaigua» 
East  Bloomfield,  Naples,  Richmond,  South  Bristol,  Victor  and 
West  Bloomfield. 

Orange  County. 

First  district. — Towns  of  Blooming  Grove,  Cornwall,  Crawford, 
Highlands,  Hamptonburgh,  Montgomery,  Monroe,  Newburgh  and 
New  Windsor,  in  the  county  of  Orange. 

Second  district. — ^Towns  of  Chester,  Deerpark,  Greenville, 
Goshen,  Mount  Hope,  Minisink,  Tuxedo,  Walkill,  Warwick, 
Wawayanda  and  Woodbury. 

The  city  of  Newburgh  is  organized  under  a  special  school  act. 

The  city  of  Middletown  is  organized  under  a  special  school  act. 

Orleans  County. 
Comprises  a  single  district. 

Oswego  County. 

First  district. — Towns  of  Granby,  Hannibal,  New  Haven,  Os- 
wego, Scriba  and  Volney. 

Second  district. — Towns  of  Amboy,  Constantia,  Hastings,  Pal- 
ermo, Parish,  Schroeppel  and  West  Monroe. 

Third  district. — Towns  of  Albion,  Boylston,  Mexico,  Orwell, 
Redfield,  Richland,  Sandy  Creek  and  Williamstown. 

The  city  of  Oswego  is  organized  under  a  special  school  act. 

Otsego  County. 

First  district. — Towns  of  Cherry  Valley,  Decatur,  Exeter,  Mary- 
land, Middlefield,  Otsego,  Plainfield,  Richfield,  Roseboom,  Spring- 
field, Westford  and  Worcester. 

Second  district. — Towns  of  Burlington,  Butternuts,  Edmeston, 
Hartwick,  Laurens,  Milford,  Morris,  New  Lisbon,  Oneonta, 
Otego,  Pittsfield  and  Unadilla. 

Putnam  County. 

Comprises  a  single  district. 

Rensselaer  County. 

First  district. — Towns  of  Berlin,  Grafton,  Hoosick,  Lansing- 
burgh,  Petersburgh,  Pittstown  and  Schaghticoke. 


School  Commissioner  Districts.  371 

Second  district. — Towns  of  Brunswick,  East  Greenbush,  Green- 
bush,  Nassau,  North  Greenbush,  Poestenkill,  Sandlake,  Schodack 
and  Stephentown. 

The  city  of  Troy  is  organized  under  a  special  school  act. 

The  city  of  Rensselaer  is  organized  under  a  special  school  act. 

Rockland  County. 
Comprises  a  single  district. 

St.  Lawrence  County. 

First  district. — Towns  of  DeKalb,  DePeyster,  Fine,  Fowler, 
Gouverneur,  Hammond,  Macomb,  Morristown,  Oswegatchie,  Pit- 
.  cairn  and  Rossie. 

Second  district. — Towns  of  Canton,  Clare,  Clifton,  Colton,  Ed- 
wards, Hermon,  Lisbon,  Madrid,  Norfolk,  Pierrepont,  Russell  and 
Waddington. 

Third  district. — Towns  of  Brasher,  Hopkinton,  Lawrence, 
Louisville,  Massena,  Parishville,  Potsdam  and  Stockholm. 

The  city  of  Ogdensburgh  is  organized  under  a  special  school  act. 

Saratoga  County. 

First  district. — Towns  of  Ballston,  Charlton,  Clifton  Park.  Gal- 
way,  Halfmoon,  Malta,  Milton,  Providence,  Stillwater  and  Water- 
ford. 

Second  district. — Towns  of  Corinth,  Day,  Edinburgh,  Green- 
field, Hadley,  Moreau,  Northumberland,  Saratoga,  Saratoga 
Springs  and  Wilton. 

Schenectady  County. 

Towns,  exclusive  of  city,  compose  one  district. 

The  city  of  Schenectady  is  organized  under  a  special  school  act. 

Schoharie  County. 

First  district. — Towns  of  Broome,  Blenheim,  Conesville,  Esper- 
ance,  Gilboa,  Middleburgh.  Schoharie  and  Wright. 

Second  district. — Towns  of  Carlisle,  Cobleskill,  Fulton,  Jeffer- 
son, Richmondville,  Seward,  Sharon  and  Summit. 

Schuyler  County. 
Comprises  a  single  district. 


2;j2    Political  Divisions  of  States,  Counties  and  Towns, 

Seneca  County. 
Comprises  a  single  district. 

Steuben  County. 

First  district. — Towns  of  Avoca,  Bath,  Bradford,  Campbell,, 
Cohocton,  Prattsburgh,  Pultney,  Urbana,  Wayland,  Wayne  and 
Wheeler. 

Second  district. — Towns  of  Addison,  Cameron,  Canton,  Corn- 
ing, Erwin,  Hornby,  Lindley,  Rathbone,  Thurston,  Tuscarora  and 
Woodhull. 

Third  district. — Towns  of  Dansville,  Fremont,  Howard,  Canis- 
teo,  Greenwood,  Hartsville,  Homellsville,  Jasper,  Troupsburgh 
and  West  Union. 

The  city  of  Homellsville  is  organized  under  a  special  school  act. 

Suffolk  County. 

First  district. — Towns  of  Easthampton,  Riverhead,  Southamp-^ 
ton,  Southold  and  Shelter  Island. 

Second  district. — Towns  of  Babylon,  Brookhaven,  Huntington,. 
Islip  and  Smithtown. 

Sullivan  County. 

First  district. — Towns  of  Bethel,  Cohocton,  Delaware,  Forest- 
burgh,  Highland,  Lumberland,  Mamakating,  Thompson  and 
Tusten. 

Second  district. — Towns  of  Callicoon,  Fallsburgh,  Fremont,, 
Liberty,  Neversink  and  Rockland. 

Tioga  County. 
Comprises  a  single  district. 

Tompkins  County. 

First  district. — Towns  of  Danby,  Enfield,  Ithaca,  Newfield  and 
Ulysses. 

Second  district. — Towns  of  Caroline,  Dryden,  Groton  and  Lan- 
sing. 

The  city  of  Ithaca  is  organized  under  a  special  school  act. 


School  Commissioner  Districts.  373 

Ulster  County, 

First  district. — Towns  of  Hurley,  Kingston,  Saugerties  and 
Ulster. 

Second  district. — Towns  of  Esopus,  Gardner,  Lloyd,  Marble- 
town,  Marlborough,  New  Paltz,  Plattekill,  Rosendale  and  Shaw- 
angunk. 

Third  district. — Towns  of  Denning,  Hardenburgh,  Olive, 
Rochester,  Shandakin,  Wawarsing  and  Woodstock. 

Warren  County. 

First  district. — Towns  of  Caldwell,  Luzerne,  Queensbury,  Stony 
Creek  and  Thurman. 

Second  district. — Towns  of  Bolton,  Chester,  Hague,  Horicon, 
Johnsburgh  and  Warrensburgh. 

Washington  County. 

First  district. — Towns  of  Argyle,  Cambridge,  Easton,  Fort  Ed- 
ward, Greenwich,  Jackson,  Salem  and  White  Creek. 

Second  district. — Towns  of  Dresden,  Fort  Ann,  Granville, 
Hampton,  Hartford,  Hebron,  Kingsbury,  Putnam  and  Whitehall. 

Wayne  County. 

First  district. — Towns  of  Butler,  Galen,  Huron,  Lyons,  Rose, 
Savannah,  Sodus  and  Wolcott. 

Second  district. — Towns  of  Arcadia,  Macedon,  Marion,  Ontario, 
Palmyra,  Walworth  and  Williamson. 

Westchester  County. 

First  district. — Towns  of  East  Chester,  Mamaroneck,  New 
Rochelle,  Pelham,  Rye  and  Scarsdale. 

Second  district. — Towns  of  Greenburgh,  Harrison,  Mount 
Pleasant,  North  Castle,  Ossining  and  White  Plains. 

Third  district. — Towns  of  Bedford,  Cortlandt,  Lewisboro,  New 
Castle,  North  Salem,  Poundridge,  Somers  and  Yorktown. 

The  city  of  Yonkers  is  organized  under  a  special  school  act. 

The  city  of  Mt.  Vernon  is  organized  under  a  special  school  act. 


374   Political  Divisions  of  States,  Counties  and  Towns. 

Wyoming  County. 

First  district. — Towns  of  Attica,  Bennington,  Covington,  Mid- 
dlebury,  Orangeville,  Perry,  Sheldon  and  Warsaw. 

Second  district. — Towns  of  Arcade,  Castile,  Eagle,  Genesee 
Falls,  Gainesville,  Java,  Pike  and  Wethersfield. 

Yates  County. 
Comprises  a  single  district. 


VOT  ERS, 


THEIR    QUALIFICATIONS,    PRIVILEGES    AND 
DISABILITIES. 


Vote,  right  to,  not  to  be  denied. —  "  The  rights  of  citizens 
of  the  United  States  to  vote  shall  not  be  denied  or  abridged 
by  the  United  States  or  by  any  state  on  account  of  race, 
color  or  previous  condition  of  servitude.  The  congress  shall 
have  power  to  enforce  this  article  by  appropriate  legislation.' 
(§§  I,  2,  art.  15,  amendment  to  United  States  Constitution^ 

Vote,  who  entitled  to. —  "  Every  male  citizen  of  the  age  of 
twenty-one  years,  who  shall  have  been  a  citizen  for  ninety 
days  and  an  inhabitant  of  this  state  one  year  next  preceding 
an  election,  and  for  the  last  four  months  a  resident  of  the 
county,  and  for  the  last  thirty  days  a  resident  of  the  election 
district  in  which  he  may  offer  his  vote,  shall  be  entitled  to 
vote  at  such  election  in  the  election  district  of  which  he  shall 
at  the  time  be  a  resident,  and  not  elsewhere,  for  all  officers  that 
now  are  or  hereafter  may  be  elected  by  the  people,  and  upon  all 
questions  which  may  be  submitted  to  the  vote  of  the  people, 
provided  that  in  time  of  war  no  elector  in  the  actual  military 
service  of  the  state,  or  of  the  United  States,  in  the  army  or  navy 
thereof,  shall  be  deprived  of  his  vote  by  reason  of  his  absence 
from  such  election  district  ;  and  the  legislature  shall  have 
power  to  provide  the  manner  in  which,  and  the  time  and 
place  at  which,  such  absent  electors  may  vote,  and  for  the 
return  and  canvass  of  their  votes  in  the  election  districts  in 
which  they  respectively  reside."    (§  \,art.  2,  State  Cojtstttiition.) 

The  right  to  vote  secured  to  a  citizen  by  the  constitution  must  be  exer- 
cised in  the  manner  and  subject  to  the  regulations  lawfully  prescribed  by 
the  legislature  in  respect  to  the  time  when  and  the  method  by  which  his 
will  is  expressed,  and  in  order  to  make  his  will  and  intention  effectual  at 
the  election  he  must  comply  with,  at  least,  all  the  substantial  requirements 
of  law,     {People  ex  rel.  Nichols  v.  Board  of  Canvassers,  129  N.  Y.  401) 

A  minor  who  has  been  convicted  of  a  felony  and  has  served  out  his 
time  during  his  minority  is  not  qualified  to  vote  upon  coming  of  age. 
(Hamilton  v.  Peoplcy  57  Barb.  625.) 


37^  Qualifications,  etc.,  of  Voters. 

A  fem&le  is  a  person  not  duly  qualified  to  vote  under  the  laws  of  this 
State  and  is  liable  to  punishment  for  voting  as  provided  by  the  Penal  Code. 
(PeopU  V.  Barber,  48  Hun,  193.) 

"Women  have  no  right  to  vote  for  school  commissioners,  the  act  of 
1892,  which  gives  them  such  right,  being  unconstitutional.  {Matter  of 
Gage,  141  N.  Y.  112.) 

Kight  of  deserters  to  vote. —  "  Deserters  from  the  military  and  naval 
service  have  a  right  to  vote  unless  convicted  thereof  by  a  competent 
court."     {Opinion  of  Attorney-General'^ 

Right  to  vote  while  engaged  in  voting  at  close  of  polls. — "  A  voter 
who  has  received  his  ballots  and  is  properly  engaged  in  the  preparation 
of  the  same  at  the  time  of  the  closing  of  the  polls  is  entitled  to  vote." 
{Opinion  of  Attorney-General?^ 

"  A  person  otherwise  qualified  whose  twenty-first  birthday  is  on  the 
day  succeeding  election  is  entitled  to  vote."     {Opinion  of  Attorney-General^ 

Disfranchisement  of  voter  by  irreg^odar  acts  of  inspectors. —  "The 
voters  of  an  election  district  are  not  to  be  disfranchised  by  reason  of 
irregxilarities  in  the  conduct  of  inspectors,  which  do  not  affect  the  result 
of  the  vote."     {Opinion  oj  Attorney-General^ 

Allowance  of  time  for  employes  to  vote.  — "  Any  person 
entitled  to  vote  at  a  general  election  held  within  this  state,  shall^ 
on  the  day  of  such  election,  be  entitled  to  absent  himself  from 
any  service  or  employment  in  which  he  is  then  engaged  or  em- 
ployed, for  a  period  of  two  hours,  while  the  polls  of  such  election 
are  open.  If  such  voter  shall  notify  his  employer,  before  the  day 
of  such  election,  of  such  intended  absence,  and  if  thereupon  two 
consecutive  hours  for  such  absence  shall  be  designated  by  the 
employer,  and  such  absence  shall  be  during  such  designated 
hours,  or  if  the  employer,  upon  the  day  of  such  notice,  makes  no 
designation,  and  such  absence  shall  be  during  any  two  consecu- 
tive hours  while  such  polls  are  open,  no  deduction  shall  be  made 
from  the  usual  salary  or  wages  of  such  voter,  and  no  other  penalty 
shall  be  imposed  upon  him  by  his  employer,  by  reason  of  such 
absence."     (§  109,  Election  Law.) 

Refusal  to  permit  employes  to  attend  elections.— "A  per- 
son or  corporation  who  refuses  to  an  employe  entitled  to  vote 
at  an  election  or  town  meeting,  the  privilege  of  attending  thereat^ 


Qualifications,  etc.,  of  Voters.  377 

as  provided  by  the  election  law,  or  subjects  such  employe  to  a 
penalty  or  reduction  of  wages  because  of  the  exercise  of  such 
privilege,  is  guilty  of  a  misdemeanor."     (§  41  f,  Penal  Code.) 

Persons  excluded  from  the  right  of  suffrage,  etc. — "  No 
person  who  shall  receive,  expect,  or  offer  to  receive,  or  pay,' 
offer  or  promise  to  pay,  contribute,  offer  or  promise  to  con- 
tribute to  another,  to  be  paid  or  used,  any  money  or  other  valu- 
able thing  as  a  compensation  or  reward  for  the  giving  or  with- 
holding a  vote  at  an  election,  or  who  shall  make  any  promise  to 
influence  the  giving  or  withholding  any  such  vote,  or  who  shall 
make  or  become  directly  or  indirectly  interested  in  any  bet  or 
wager  depending  upon  the  result  of  any  election,  shall  vote  at 
such  election;  and  upon  challenge  for  such  cause,  the  person  so 
challenged,  before  the  officers  authorized  for  that  purpose  shall 
receive  his  vote,  shall  swear  or  affirm  before  such  officers  that  he 
has  not  received  or  offered,  does  not  expect  to  receive,  has  not 
paid,  offered  or  promised  to  pay,  contributed,  offered  or  promised 
to  contribute  to  another,  to  be  paid  or  used,  any  money  or  other 
valuable  thing  as  a  compensation  or  reward  for  the  giving  or 
withholding  a  vote  at  such  election,  and  has  not  made  any  promise 
to  influence  the  giving  or  withholding  of  any  such  vote,  nor  made 
or  become  directly  or  indirectly  interested  in  any  bet  or  wager 
depending  upon  the  result  of  any  election.  The  legislature  shall 
enact  laws  excluding  from  the  right  of  suffrage  all  persons  con- 
victed of  bribery  or  of  any  infamous  crime."  (§  2,  art.  2,  Revised 
State  Constitution.) 

Pardon  and  restoration. — "  The  governor  has  the  exclusive 
power  of  pardoning  and  restoring  to  the  rights  of  a  citizen 
criminals  convicted  in  the  courts  of  this  state."  (See  §  5,  art.  4, 
State  Constitution.) 


378  Qualifications,  etc.,  of  Voters. 

Disabilities  of  persons  removed. —  "  The  disqualification  to 
testify  created  by  section  twenty-three  (original  number)  of 
title  seven,  chapter  first  of  part  fourth  of  the  Revised  Statutes, 
and  the  prohibition  to  vote  at  any  election  contained  in  sec- 
tion fifteen  of  chapter  two  hundred  and  forty  of  the  Laws  of 
eighteen  hundred  and  forty-seven,  shall  not  apply  to  a  person 
heretofore  convicted,  or  hereafter  to  be  convicted,  of  felony, 
or  of  any  infamous  crime,  and  in  consequence  thereof  com- 
mitted to  one  of  the  houses  of  refuge  or  other  reformatories 
organized  under  the  laws  of  this  state."  {Chap.  113,  1872, 
entitled  ''An  act  to  relieve  juvenile  delinquents  from  certain, 
disqualifications. ' ') 

Voting  residence. —  "  For  the  purpose  of  voting,  no  person 
shall  be  deemed  to  have  gained  or  lost  a  residence,  by  reason 
of  his  presence  or  absence,  while  employed  in  the  service  of 
the  United  States;  nor  while  engaged  in  the  navigation  of 
the  waters  of  this  state,  or  of  the  United  States,  or  of  the 
high  seas;  nor  while  a  student  of  any  seminary  of  learning; 
nor  while  kept  at  any  alms-house,  or  other  asylum,  or  institu- 
tion wholly  or  partly  supported  at  public  expense  or  by 
charity  ;  nor  while  confined  in  any  public  prison."  (§  3,  art.  2, 
State  Constitution.) 

Voting  residence  of  government  employees. —  "  The  voting  residence 
of  a  person  is  largely  a  question  of  intention.  A  residence  is  not  changed 
by  engaging  in  the  service  of  the  government."  {Opinion  of  Attorney- 
General^ 

Residence  —  matter  of  intention.—  "  The  question  of  the  place  of  resi- 
dence of  a  voter  is  largely  a  matter  of  intention. 

"  As  a  general  proposition,  it  may  Le  stated  that  the  residence  required 
by  the  constitution  is  a  place  which  a  person  has  fixed  as  a  habitation 
without  any  present  intention  of  removing  therefrom.  A  residence,  once 
acquired,  continues  to  be  the  residence  of  a  person  until  such  person 
absents  himself  therefrom  and  locates  at  another  place  with  the  intention 
of  there  remaining.  Temporary  absence,  with  the  purpose  of  returning, 
does  not  effect  a  change  of  residence."     {Opinion  of  Attorney-General^ 

Residence,  for  the  purpose  of  voting,  and  how  not  lost  or  acquired. — 
"  A  residence  is  '  the  place  of  abode,'  '  the  place  in  which  one  usually 
has  his  home.'  To  reside  in  a  particular  election  district  and  county  is 
for  one  to  have  his  home  usually  and  at  the  time  of  election  in  such  elec- 
tion district.  A  person,  in  order  to  entitle  him  to  vote,  must,  as  before 
stated,  be  a  resident  of  such  election  district  thirty  days,  of  the  county 
four  months,  and  of  the  state  one  year,  and  'for  the  purpose  of  voting'  it 


Qualifications,  etc.,  of  Voters.  370 

is  by  our  constitution  provided  that  '  no  person  shall  be  deemed  to  have 
gained  or  lost  a  residence  by  reason  of  his  presence  or  absence  while 
employed  in  the  service  of  the  United  States  ;  nor  while  engaged  in  the 
navigation  of  the  waters  of  this  state,  or  of  the  United  States,  or  of  tho 
high  seas ;  nor  while  a  student  of  any  seminary  of  learning;  nor  while 
kept  at  any  alms-house  or  other  asylum  at  public  expense  ;  nor  while  con- 
fined in  any  public  prison. 

"  If  an  elector  change  his  residence  from  one  election  district  to  another, 
in  the  same  county,  within  thirty  days  previous  to  a  general  or  special 
election,  he  thereby  loses  the  right  of  voting  at  such  election.  If  he 
remove  within  thirty  days  of  a  town  or  city  election,  from  one  town  to 
another,  in  the  same  county,  or  from  one  ward  to  another,  in  the  same  city 
(or  from  one  election  district  to  another,  in  the  same  city,  or  from  one 
election  district  of  a  town  having  election  districts  for  town  meeting  to 
another  election  district  in  the  same  town),  he  thereby  loses  the  right  of 
voting  at  such  election,  for  town,  ward  or  city  officers. 

"  It  must  be  borne  in  mind  that  no  person  can  (as  is  sometimes  erro- 
neously believed)  vote  for  governor  or  any  other  officer,  except  in  the  elec- 
tion district  of  his  actual  residence."     {Election  Code  by  Secretary  of  State?) 

A  student  living'  in  one  of  the  seminajy  buildings  of  the  General 
Theological  Seminary  of  the  Episcopal  Church  in  New  York  city  is  not 
entitled  to  be  registered  in  the  election  district  in  which  the  seminary  is 
situated,  unless  he  intends  to  change  his  legal  residence  from  his  former 
residence,  and  such  intention  be  manifested  by  acts  which  are  independent 
of  his  residence  as  a  student  in  the  locality.  {Matter  of  Garvey,  147  N. 
Y.  117.) 

Tlie  Homes  for  Aged  Men  in  Albany  and  Oneida  counties  are  "  institu- 
tions wholly  or  partly  supported  by  charity,"  within  section  34  of  the  Elec- 
tion Law,  and  within  section  3,  article  2  of  the  State  Constitution,  and 
persons  domiciled  there  shall  not  be  deemed  to  have  gained  or  lost  a  resi- 
dence while  there.  But  such  sections  of  the  law  and  the  Constitution  are 
not  retroactive,  and  inmates  of  such  homes  who  voted  in  the  district  where 
the  homes  are  situated  before  the  constitutional  provision  went  into  effect, 
shall  not  be  deprived  of  their  votes,  as  they  are  deemed  to  have  intended 
tSiereby  to  make  such  institution  their  permanent  residence.  {Matter  of 
Batterman,  14  Misc.  Rep.  213;  Matter  of  Griffiths,  16  id.  128.) 

Soldiers  in  the  United  States  army  do  not  acquire  a  residence  by  being 
quartered  long  in  a  particular  place.  {Biddle  and  Richards  v.  Wing,  CI. 
&  H.  504,  512.) 

Residence  is  determined  by  the  intention  of  the  party.  An  elector  can- 
not have  two  homes  at  the  same  time;  when  he  acquires  the  new  home  he 
loses  the  old  one.  To  effect  this  change  there  must  be  both  act  and  intan- 
tion.  McDaniels'  Case,  3  Pa.  L.  J.  310;  Sturgeon  v.  Korte,  38  Ohio  St 
625  ;  fohnson  v.  People,  94  111.  505.) 

Manner  of  voting. —  Section  five  of  article  two  of  the  Con- 
stitution provides  that  :  "  All  elections  by  the  citizens  shall  be 


380  Qualifications,  etc.,  of  Voters. 

by  ballot,  except  for  such  town  officers  as  may,  by  law,  be 
directed  to  be  otherwise  chosen."  The  particular  manner  of 
voting  prescribed  by  law  will  be  found  on  page  131. 

Voting  by  an  inhabitant  of  another  state  or  country. — 
"  Any  inhabitant  of  another  state  or  country  who  votes  or 
offers  to  vote  at  an  election  or  town  meeting  in  this  state,  is 
guilty  of  a  felony."     (§  41m,  Penal  Code.) 

Failure  of  house-dweller  to  answer  inquiries. —  "Any 
person  dwelling  in  a  building  in  a  city  who  willfully  refuses 
to  truly  answer  any  question  asked  by  any  elector  of  such 
city,  between  the  first  meeting  of  the  boards  of  registry 
therein  for  any  election  and  the  closing  of  the  polls  at  such 
election,  relating  to  the  residence  and  qualifications  as  a  voter 
of  any  person  dwelling  in  such  building,  or  of  any  person 
who  appears  upon  the  list  or  register  of  voters  made  by  a 
board  of  registry  as  residing  at  such  building,  is  guilty  of  a 
misdemeanor."     (§  41^/,  Penal  Code.) 

Furnishing  money  or  entertainment  to  induce  attendance 
at  polls. —  "  Any  person  who,  with  the  intent  to  promote  the 
election  of  a  person  to  an  elective  office : 

"  I.  Furnishes  entertainment  to  the  electors  before  or  dur- 
ing an  election  or  town  meeting  at  which  such  person  is  a 
candidate  ;  or, 

"  2.  Pays  for,  procures,  or  engages  to  pay  for  such  enter- 
tainment ;  or, 

"  3.  Furnishes  money  or  other  property,  or  engages  to  com- 
pensate any  person  for  procuring  the  attendance  of  voters  at 
the  polls  of  such  election  or  town  meeting ;  or 

"  4.  Contributes  money  for  any  other  purposes  than  the 
printing  and  circulating  of  hand  bills,  books  and  other  papers 
previous  to  an  election  or  town  meeting,  or  conveying  electors 
to  the  polls,  or  music,  or  rent  of  halls,  is  guilty  of  a  misde- 
meanor."    (§  4i(?,  Peyial  Code.) 

§  41-0.  Giving  consideration  for  franchise. — Any  person  who 
directly  or  indirectly,  by  himself  or  through  any  other  person: 

I.  Pays,  lends  or  contributes,  or  offers  or  promises  to  pay,  lend 
or  contribute  any  money  or  other  valuable  consideration  to  or 
for  any  voter,  or  to  or  for  any  other  person,  to  induce  such  voter 
or  other  person  to  vote  or  refrain  from  voting  at  any  election,  or 


Qualifications,  etc.,  of  Voters.  381 

to  induce  any  voter  or  other  person  to  vote  or  refrain  from  voting 
at  such  election  for  any  particular  person  or  persons,  or  for  or 
against  any  particular  proposition  submitted  to  voters,  or  to  in- 
duce such  voter  to  come  to  the  polls  or  remain  away  from  the 
polls  at  such  election,  or  to  induce  such  voter  or  other  person  to 
place  or  cause  to  be  placed  or  refrain  from  placing  or  causing  to 
be  placed  his  name  upon  a  registry  of  voters,  or  on  account  of 
such  voter  or  other  person  having  voted  or  refrained  from  voting 
or  having  voted  or  refrained  from  voting  for  or  against  any  par- 
ticular person  or  for  or  against  any  proposition  submitted  to  vot- 
ers, or  having  come  to  the  polls  or  remained  away  from  the  polls 
at  such  election,  or  having  placed  or  caused  to  be  placed  or  re- 
frained from  placing  or  causing  to  be  placed  his  or  any  other 
name  upon  the  registry  of  voters;  or 

2.  Gives,  offers  or  promises  any  oflfice,  place  or  employment,  or 
promises  to  procure  or  endeavor  to  procure  any  office,  place  of 
employment  to  or  for  any  voter,  or  to  or  for  any  other  person,  in 
order  to  induce  such  voter  or  other  person  to  vote  or  refrain  from 
voting  at  any  election,  or  to  induce  any  voter  or  other  person  to 
vote  or  refrain  from  voting  at  such  election,  for  or  against  any 
particular  person  or  persons,  or  for  or  against  any  proposition 
submitted  to  voters,  or  to  induce  any  voter  or  other  person  to 
place  or  cause  to  be  placed  or  refrain  from  placing  or  causing  to 
be  placed  his  or  any  other  name  upon  a  registry  of  voters;  or 

3.  Gives,  offers  or  promises  any  office,  place,  employment  or 
valuable  thing  as  an  inducement  for  any  voter  or  other  person  to 
procure  or  aid  in  procuring  either  a  large  or  a  small  vote,  plural- 
ity or  majority  at  any  election  district  or  other  political  division 
of  the  state,  for  a  candidate  or  candidates  to  be  voted  for  at  an 
election;  or  to  cause  a  larger  or  smaller  vote,  plurality  or  majority 
to  be  cast  or  given  for  any  candidate  or  candidates  in  one  such 
district  or  political  division  than  in  another;  or 

4.  Makes  any  gift,  loan,  promise,  offer,  procurement  or  agree- 
ment as  aforesaid  to,  for  or  with  any  person  to  induce  such  per- 
son to  procure  or  endeavor  to  procure  the  election  of  any  person 
or  the  vote  of  any  voter  at  any  election ;  or 


382  Qualifications,  etc.,  of  Voters. 

5.  Procures  or  engages  or  promises  or  endeavors  to  procure,  in 
consequence  of  any  such  gift,  loan,  ofifer,  promise,  procurement 
or  agreement  the  election  of  any  person,  or  the  vote  of  any  voter, 
at  such  election;  or 

6.  Advances  or  pays  or  causes  to  be  paid,  any  money  or  other 
valuable  thing,  to  or  for  the  use  of  any  other  person  with  the  in- 
tent that  the  same,  or  any  part  thereof,  shall  be  used  in  bribery 
at  any  election,  or  knowingly  pays  or  causes  to  be  paid  any 
money  or  other  valuable  thing  to  any  person  in  discharge  or  re- 
payment of  any  money,  wholly  or  in  part  expended  in  bribery  at 
any  election,  is  guilty  of  a  felony^  punishable  by  imprisonment 
for  not  less  than  one  year,  or  more  than  five  years,  and  in  addi- 
tion forfeits  any  office  to  which  he  may  have  been  elected  at  the 
election  with  reference  to  which  such  ofiFense  was  committed,  and 
becomes  incapable  of  holding  any  public  office  under  the  consti- 
tution and  laws  of  the  state  for  a  period  of  five  years  after  such 
conviction.     (41  0,  Penal  Code.) 

Receiving  consideration  for  franchise. — "  Any  person  who, 
directly  or  indirectly,  by  himself  or  through  any  other  person  : 

"  I.  Receives,  agrees  or  contracts  for,  before  or  during  an 
election,  any  money,  gift,  loan  or  other  valuable  considera- 
tion, office,  place  or  employment  for  himself,  or  any  other 
person  for  voting  or  agreeing  to  vote,  or  for  coming  or  agree- 
ing to  come  to  the  polls,  or  for  remaining  away  or  agreeing 
to  remain  away  from  the  polls,  or  for  refraining  or  agreeing 
to  refrain  from  registering  as  a  voter,  or  for  refraining  or 
agreeing  to  refrain  from  voting  or  for  voting  or  for  agreeing 
to  vote,  or  for  refraining  or  agreeing  to  refrain  from  voting 
for  or  against  any  particular  person  or  persons  at  any  elec- 
tion, or  for  or  against  any  proposition  submitted  to  voters  at 
such  election  ;  or 

"  2.  Receives  any  money  or  other  valuable  thing  during  or 
after  an  election  on  account  of  himself  or  any  other  person 
having  voted  or  refrained  from  voting  at  such  an  election,  or 
having  registered  or  refrained  from  registering  as  a  voter, 
or  on  account  of  himself  or  any  other  person  having  voted  or 
refrained  from  voting  for  or  against  any  particular  person  at 
such  election,  or  for  or  against  any  proposition  submitted  to 
voters  at  such  election,  or  on  account  of  himself  or  any  other 


Qualifications,  etc.,  of  Voters.  383 

person  having  come  to  the  polls  or  remained  away  from  the  polls 
at  such  election,  or  having  registered  or  refrained  from  register- 
ing as  a  voter,  or  on  account  of  having  induced  any  other  person 
to  vote  or  refrain  from  voting  for  or  against  any  particular  per- 
son or  persons  at  such  election  or  for  or  against  any  proposition 
submitted  to  the  voters  at  such  election,  is  guilty  of  a  felony,  pun- 
ishable by  imprisonment  for  not  less  than  one  year,  and  in  addi- 
tion shall  be  excluded  from  the  right  of  suffrage  for  five  years 
after  such  conviction;  and  the  county  clerk  of  the  county  in  which 
such  person  is  convicted  shall  transmit  a  certified  copy  of  the 
record  of  conviction  to  the  clerk  of  each  county  of  the  state, 
within  ten  days  thereafter,  which  copy  shall  be  filed  in  his  office 
by  each  of  such  clerks."     (§  4ip,  Penal  Code.) 

Testimony  upon  prosecution. — "A  person  offending 
against  any  section  of  this  title  is  a  competent  witness  against 
another  person  so  offending,  and  may  be  compelled  to  attend 
and  testify  on  any  trial,  hearing  or  proceeding  or  investigation  in 
the  same  manner  as  any  other  person.  The  testimony  so  given 
shall  not  be  used  in  any  prosecution  or  proceeding,  civil  or  crimi- 
nal, against  the  person  testifying.  A  person  testifying  shall  not 
thereafter  be  liable  to  indictment,  prosecution  or  punishment  for 
the  offense  with  reference  to  w^hich  his  testimony  was  given,  and 
may  plead  or  prove  the  giving  of  testimony  accordingly,  in  bar  of 
such  an  indictment  or  prosecution."     (§  417,  Penal  Code.) 

Bribery  or  intimidation  of  elector  in  military  service  of  the 
United  States. —  "Any  person  who,  directly  or  indirectly,  by 
bribery,  menace  or  other  corrupt  means,  controls  or  attempts  to 
control  an  elector  of  this  state  enlisted  in  the  military  service  of 
the  United  States,  in  the  exercise  of  his  rights  under  the  election 
law,  or  annoys,  injures  or  punishes  him  for  the  manner  in  which 
he  exercised  such  right,  is  guilty  of  a  misdemeanor  for  which  he 
may  be  tried  at  any  future  time  when  he  may  be  found  within 
this  state;  and  upon  conviction  thereof  shall  thereafter  be  ineligible 
to  any  office  therein."     (§  41.S,  Penal  Code.) 


384  Qualifications,  etc.,  of  Voters. 

Duress  and  intimidation  of  voters. —  "  Any  person  or  cor- 
poration who  directly  or  indirectly: 

"  I.  Uses  or  threatens  to  use  any  force,  violence  or  restraint, 
or  inflicts  or  threatens  to  inflict  any  injury,  damage,  harm  or 
loss,  or  in  any  other  manner  practices  intimidation  upon  or 
against  any  person  in  order  to  induce  or  compel  such  person 
to  vote  or  refrain  from  voting  at  any  election  or  to  vote  or 
refrain  from  voting  for  or  against  any  particular  person  or 
persons  or  for  or  against  any  proposition  submitted  to  voters 
at  such  election,  or  to  place  or  cause  to  be  placed  or  refrain 
from  placing  or  causing  to  be  placed  his  name  upon  a  registry 
of  voters,  or  on  account  of  such  person  having  voted  or 
refrained  from  voting  at  such  election,  or  having  voted  or 
refrained  from  voting  for  or  against  any  particular  person  or 
persons,  or  for  or  against  any  proposition  submitted  to  voters 
at  such  election,  or  having  registered  or  refrained  from  regis- 
tering as  a  voter  ;  or, 

"  2.  By  abduction,  duress  or  any  forcible  or  fraudulent 
device  or  contrivance  whatever  impedes,  prevents  or  other- 
wise interferes  with  the  free  exercise  of  the  elective  franchise 
by  any  voter,  or  compels,  induces  or  prevails  upon  any  voter 
to  give  or  refrain  from  giving  his  vote  for  or  against  any  par- 
ticular person  at  any  election  ;  or, 

"  3.  Being  an  employer,  pays  his  employe  the  salary  or  wages 
due  in  *  pay  envelopes,'  upon  which  there  is  written  or 
printed  any  political  motto,  device  or  argument  containing 
threats,  express  or  implied,  intended  or  calculated  to  influ- 
ence the  political  opinions  or  actions  of  such  employes, 
or  within  ninety  days  of  a  general  election  puts  or  other- 
wise exhibits  in  the  establishment  or  place  where  his  employes 
are  engaged  in  labor,  any  hand  bill  or  placard  containing  any 
threat,  notice  or  information  that  if  any  particular  ticket  or 
candidate  is  elected  or  defeated,  work  in  his  place  or  estab- 
lishment will  cease,  in  whole  or  in  part,  his  establishment  be 
closed  up,  or  the  wages  of  his  employes  reduced,  or  other 
threats,  express  or  implied,  intended  or  calculated  to  influence 
the  political  opinions  or  actions  of  his  employes,  is  guilty  of  a 
misdemeanor,  and  if  a  corporation  shall  in  addition  forfeit  its 
charter."     (§  41/,  Penal  Code.) 


Qualifications,  etc.,  of  Voters.  385 

Political  assessments. — "  Any  person  who, 

"  I.  Being  an  officer  or  employe  of  the  state,  or  of  a  politi- 
cal subdivision  thereof,  directly  or  indirectly  uses  his  author- 
ity or  official  influence  to  compel  or  induce  any  other  officer 
or  employe  of  the  state  or  a  political  subdivision  thereof,  to 
pay  or  promise  to  pay  any  political  assessments ;  or, 

"  2.  Being  an  officer  or  employe  of  the  state,  or  of  a  politi- 
cal subdivision  thereof,  directly  or  indirectly  gives,  pays  or 
hands  over  to  any  other  such  officer  or  employe  any  money  or 
other  valuable  thing  on  account  of  or  to  be  applied  to  the 
promotion  of  his  election,  appointment  or  retention  in  office, 
or  makes  any  promise,  or  gives  any  subscription  to  such  offi- 
cer or  employe  to  pay  or  contribute  any  money  or  other  valu- 
able thing  for  any  such  purpose  or  object ;  or 

"  3.  Being  such  an  officer  or  employe  and  having  charge  or 
control  of  any  building,  office  or  room  occupied  for  any  pur- 
pose of  the  state  or  of  a  political  subdivision  thereof,  con- 
sents that  any  person  enter  the  same  for  the  purpose  of  mak- 
ing, collecting,  receiving  or  giving  notice  of  any  political 
assessment ;  or 

"4.  Enters  or  remains  in  any  such  office,  building  or  room, 
or  sends  or  directs  any  letter  or  other  writing  thereto,  for  the 
purpose  of  giving  notice  of  demanding  or  collecting,  or  being 
therein,  gives  notice  of,  demands,  collects  or  receives,  any 
political  assessment ; 

"  5.  Prepares  or  makes  out,  or  takes  any  part  in  preparing 
or  making  out,  any  political  assessment,  subscription  or  con- 
tribution, with  the  intent  that  the  same  shall  be  sent  or  pre- 
sented to  or  collected  of  any  such  officer  or  employe  ;  or 

"  6.  Sends  or  presents  any  political  assessment,  subscrip- 
tion, or  contribution  to,  or  requests  its  payment  of,  any  such 
officer  or  employe,  is  guilty  of  a  misdemeanor."  (§  4iz',  Penal 
Code.) 

Corrupt  use  of  position  or  authority. —  "  Any  person  who, 

"  I.  While  holding  a  public  office,  or  being  nominated  or 
seeking  a  nomination  or  appointment  therefor,  corruptly  uses 
or  promises  to  use,  directly  or  indirectly,  any  official  author- 
ity or  influence  possessed  or  anticipated,  in  the  way  of  con- 
ferring  upon   any  person,  or   in   order  to   secure,  or  aid  any 


386  Qualifications,  etc.,  of  Voters. 

person  in  securing,  any  office  or  public  appointment,  or  any 
nomination,  confirmatioH,  promotion  or  increase  of  salary, 
upon  consideration  that  the  vote  or  political  influence  or 
action  of  the  person  so  to  be  benefited  or  of  any  other 
person,  shall  be  given  or  used  in  behalf  of  any  candidate, 
officer  or  party  or  upon  any  other  corrupt  condition  or  con- 
sideration ;  or 

"  2.  Being  a  public  officer  or  employe  of  the  state  or  a 
political  subdivision  having,  or  claiming  to  have,  any  author- 
ity or  influence  affecting  the  nomination,  public  employment, 
confirmation,  promotion,  removal,  or  increase  or  decrease  of 
salary  of  any  public  officer  or  employe,  or  promises  or 
threatens  to  use,  any  such  authority  or  influence,  directly  or 
indirectly  to  affect  the  vote  or  political  action  of  any  such 
public  officer  or  employe,  or  on  account  of  the  vote  or  political 
action  of  such  officer  or  employe;  or 

"  3.  Makes,  tenders  or  offers  to  procure,  or  cause  any  nom- 
ination or  appointment  for  any  public  office  or  place,  or 
accepts  or  requests  any  such  nomination  or  appointment,  upon 
the  payment  or  contribution  of  any  valuable  consideration, 
or  upon  an  understanding  or  promise  thereof,  or 

"4.  Makes  any  gift,  promise  or  contribution  to  any  person, 
upon  the  condition  or  consideration  of  receiving  an  appoint- 
ment or  election  to  a  public  office  or  a  position  of  public 
employment,  or  for  receiving  or  retaining  any  such  office  or 
position,  or  promotion,  privilege,  increase  of  salary  or  com- 
pensation therein,  or  exemption  from  removal  or  discharge 
therefrom,  is  punishable  by  imprisonment  for  not  more  than 
two  years  or  by  a  fine  of  not  more  than  three  thousand  dol- 
lars or  both."     (§  4IW/,  Penal  Code.) 

§  41-I,    Illegal  voting. — Any  person  who: 

1.  Knowingly  votes  or  oflfers  or  attempts  to  vote  at  any  elec- 
tion, primary  election  or  town  meeting,  when  not  qualified;  or 

2.  Procures,  aids,  assists,  counsels  or  advises  any  person  to  go 
or  come  into  any  town,  ward  or  election  district,  for  the  purpose 
of  voting  at  any  election,  primary  election  or  town  meeting,  know- 
ing that  such  person  is  not  qualified;  or 

3.  Votes  or  offers  or  attempts  to  vote  at  an  election,  primary 
election  or  town  meeting  more  than  once;  or  votes  or  offers  or 
attempts  to  vote  at  an  election,  primary  election  or  town  meeting 


Qualifications,  etc.,  of  Voters.  387 

tinder  any  other  name  than  his  own;  or  votes  or  offers  or  at- 
tempts to  vote  at  an  election,  primary  election  or  town  meeting  in 
an  election  district  or  from  a  place  where  he  does  not  reside ;  or 

4.  Procures,  aids,  assists,  commands  or  advises  another  to  vote 
or  offers  or  attempts  to  vote  at  an  election,  primary  election  or 
town  meeting,  knowing  that  such  person  is  not  qualified  to  vote 
thereat;  or 

5.  Being  an  inhabitant  of  another  state  or  county,  votes  or 
offers  or  attempts  to  vote  at  an  election,  primary  election  or  town 
meeting  in  this  state  or  permits,  aids,  assists,  abets,  procures, 
commands  or  advises  another  to  commit  or  attempt  any  act 
named  in  this  section  is  guilty  of  felony,  punishable  by  imprison- 
ment in  a  state  prison  not  less  than  one  nor  more  than  five  years. 

6.  An  offer  or  attempt  under  this  section  shall  be  deemed  to  be 
the  doing  of  any  act  made  necessary  by  the  election  law  prelimin- 
ary to  the  delivery  of  a  ballot  to  an  elector  or  the  deposit  of  the 
ballot  in  the  ballot  box.     (§  41/,  Penal  Code.) 

§  4iaa.  Any  person  who,  being  a  police  commissioner  or  an 
officer  or  member  of  any  police  force  in  this  state,  either 

1.  Uses  or  threatens  or  attempts  to  use  his  official  power  or 
authority,  in  any  manner,  directly  or  indirectly,  in  aid  of  or 
against  any  political  party,  organization,  association  or  society, 
or  to  control,  affect,  influence,  reward  or  punish,  the  political 
adherence,  affiliation,  action,  expression  or  opinion  of  any  citi- 
zen; or 

2.  Appoints,  promotes,  transfers,  retires  or  punishes  an  officer 
or  member  of  a  police  force,  or  asks  for  or  aids  in  the  promotion, 
transfer,  retirement  or  punishment  of  an  officer  or  member  of  a 
police  force,  because  of  the  party  adherence  or  affiliation  of  such 
officer  or  member,  or  for  or  on  the  request,  direct  or  indirect,  of 
any  political  party,  organization,  association  or  society,  or  of  any 
officer,  member  of  committee  or  representative  official  or  other- 
wise of  any  political  party,  organization,  association  or  society:  or 

3.  Contributes  any  money,  directly  or  indirectly,  to,  or  solicits, 
collects  or  receives  any  money  for,  any  political  fund,  or  joins 
or  becomes  a  member  of  any  political  club,  association,  society 
or  committee;  ♦ 

Is  guilty  of  a  misdemeanor.  (§  41  aa,  Penal  Code,  added  by  chap. 
529,  L.  1899.) 


CITIZENSHIP. 


Citizens,  who  are. — "  All  persons  born  in  the  United 
States  and  not  subject  to  any  foreign  power,  excluding 
Indians  not  taxed,  are  declared  to  be  citizens  of  the  United 
States."     {U.  S.  R.  S.,  2d ed.,  %  1992.  tit.  25.) 

"  All  children  heretofore  born  or  hereafter  born  out  of  the 
limits  and  jurisdiction  of  the  United  States,  whose  fathers 
were  and  may  be,  at  the  time  of  this  birth,  citizens  thereof, 
are  declared  to  be  citizens  of  the  United  States;  but  the 
rights  of  citizenship  shall  not  descend  to  children  whose 
fathers  never  resided  in  the  United  States."  (§  1993,  same 
tit.) 

"  All  persons  born  in  the  district  or  country  formerly  known 
as  the  Territory  of  Oregon  and  subject  to  the  jurisdiction  of 
the  United  States,  on  the  eighteenth  May,  eighteen  hundred 
and  seventy-two,  are  citizens  in  the  same  manner  as  if  born 
elsewhere  in  the  United  States."  {U.  S.  R.  S.,  2d  ed.,  §  1995, 
tit.  25.) 

Citizens,  when  married  women  are. —  "  Any  woman  who 
is  now  or  may  hereafter  be  married  to  a  citizen  of  the  United 
States,  and  who  might  herself  be  lawfully  naturalized,  shall 
be  deemed  a  citizen."  (§  1994,  satne  tit.)  [See,  a/so,  §  2168^/ 
tit.  30,  W.  S.  R.  S.,  2d  ed.,  as  to  widows  and  children  of  aliens, 
who  have  complied  with  the  first  condition  of  %  2106  of  said 
R.  5.] 

Deserters  incapable  of  holding  office  under  the  United 
States,  or  exercising  any  right  of  citizenship. — "  All  per- 
sons who  deserted  the  military  or  naval  service  of  the  United 
States  and  did  not  return  thereto  or  report  themselves  to  a 
provost-marshal  within  sixty  days  after  the  issuance  of  the 
proclamation  by  the  president,  dated  the  eleventh  day  of 
March,  eighteen  hundred  and  sixty-five,  are  deemed  to  have 
voluntarily  relinquished  and  forfeited  their  rights  of  citizen- 
ship, as  well  as  their  right  to  become  citizens ;  and  such 
deserters  shall  be  forever  incapable  of  holding  any  office  of 


Citizenship.  389 

trust  or  profit  under  the  United  States,  or  of  exercising  any 
right  of  citizens  thereof."     (§  1996,  same  tit.) 

Faithful  service  until  April  19,  1865,  deemed  to  work 
removal  of  disability  under  preceding  section. — "  No  soldier 
or  sailor,  however,  who  faithfully  served  according  to  his 
enlistment  until  the  nineteenth  day  of  April,  eighteen  hun- 
dred and  sixty-five,  and  who,  without  proper  authority  or 
leave  first  obtained,  quit  his  command  or  refused  to  serve 
after  that  date,  shall  be  held  to  be  a  deserter  from  the  army 
or  navy ;  but  this  section  shall  be  construed  solely  as  a 
removal  of  any  disability  such  soldier  or  sailor  may  have 
incurred,  under  the  preceding  section,  by  the  loss  of  citizen- 
ship and  of  the  right  to  hold  oflfice  in  consequence  of  his 
desertion."     (§  1997,  same  tit.) 

Desertion  hereafter  to  work  loss  of  citizenship. — "  Every 
person  who  hereafter  deserts  the  military  or  naval  service  of 
the  United  States,  or  who,  being  duly  enrolled,  departs  the 
jurisdiction  of  the  district  in  which  he  is  enrolled,  or  goes 
beyond  the  limits  of  the  United  States,  with  intent  to  avoid 
any  draft  into  the  military  or  naval  service,  lawfully  ordered, 
shall  be  liable  to  all  the  penalties  and  forfeitures  of  section 
nineteen  hundred  and  ninety-six."  {U.  S.  R.  S.,  2d  ed.,  §  1998, 
tit.  25.) 

Rights  of  expatriation  maintained. — "  Whereas  the  right 
of  expatriation  is  a  natural  and  inherent  right  of  all  people 
indispensable  to  the  enjoyment  of  the  rights  of  life,  liberty 
and  the  pursuit  of  happiness  ;  and  whereas  in  the  recognition 
of  this  principle,  this  government  has  freely  received  emi- 
grants from  all  nations  and  invested  them  with  the  rights  of 
citizenship  ;  and  whereas  it  is  claimed  that  such  American 
citizens  with  their  descendants  are  subjects  of  foreign  states, 
owing  allegiance  to  the  governments  thereof ;  and  whereas  it 
is  necessary  to  the  maintenance  of  public  peace  that  this 
claim  of  foreign  allegiance  should  be  promptly  and  finally  dis- 
avowed. Therefore,  any  declaration,  instruction,  opinion, 
order  or  decision  of  any  ofificer  of  the  United  States  which 
denies,  restricts,  impairs  or  questions  the  right  of  expatri- 
ation is  declared  inconsistent  with  the  fundamental  principles 
of  the  republic." 


39*^  Citizenship. 

Voters  to  be  ascertained. —  "  Laws  shall  be  made  for  ascer- 
taining, by  proper  proofs,  the  citizens  who  shall  be  entitled  to 
the  right  of  suffrage  hereby  established."     (§  4,  art.  2,  State 

Constitution?) 

Citizenship  of  persons  born  in  the  "CTnited  States. —  "  Persons  bom  in 
the  United  States,  although  of  alien  parentage,  are  citizens  of  the  United 
States."     {Opinion  of  Attorney-General) 

Citizenship  of  foreign-bom  child  of  a  mother  who  is  a  citizen.— 
"  The  child  born  in  a  foreign  country  of  a  mother  who  is  a  citizen  of  the 
United  States  is  not  himself  a  citizen  by  reason  of  his  mother's  citizenship." 
{Opinion  of  Attorney-Getteral.) 

Citizenship  of  children  bom  abroad  of  American  parents — expatri' 
ation. —  "  Children  born  abroad  of  American  parents  are  American  citizens, 
The  right  of  expatriation  is  recognized  bylaw."  {Optnion  of  Attorney* 
General) 


NATURALIZATION. 


Aliens,  how  naturalized. —  "  An  alien  may  be  admitted  to 
to  become  a  citizen  of  the  United  States  in  the  following  man- 
ner, and  not  otherwise : 

"  I.  He  shall  declare  on  oath,  before  a  circuit  or  district  court 
of  the  United  States  or  a  district  or  supreme  court  of  the 
territories,  or  a  court  of  record  of  any  of  the  states  having 
common-law  jurisdiction,  and  a  seal  and  clerk,  two  years,  at 
least,  prior  to  his  admission,  that  it  is  bona  fide  his  intention 
to  become  a  citizen  of  the  United  States,  and  to  renounce 
forever  all  allegiance  and  fidelity  to  any  foreign  prince,  poten- 
tate, state  or  sovereignty,  and,  particularly,  by  name,  to  the 
prince,  potentate,  state  or  sovereignty  of  which  the  alien  may 
be  at  the  time  a  citizen  or  subject. 

"  2.  He  shall  at  the  time  of  his  application  to  be  admitted, 
■declare,  on  oath,  before  some  one  of  the  courts  above  speci- 
fied, that  he  will  support  the  constitution  of  the  United 
States,  and  that  he  absolutely  and  entirely  renounces  and 
adjures  all  allegiance  and  fidelity  to  every  foreign  prince, 
potentate,  state  or  sovereignty,  and,  particularly,  by  name,  to 
the  prince,  potentate,  state  or  sovereignty  of  which  he  was 
before  a  citizen  or  subject ;  which  proceedings  shall  be  recorded 
by  the  clerk  of  the  court. 

"  3.  It  shall  be  made  to  appear  to  the  satisfaction  of  the  court 
admitting  such  alien  that  he  has  resided  within  the  United 
States  five  years  at  least,  and  within  the  state  or  territory 
where  such  court  is  at  the  time  held,  one  year  at  least,  and 
that  during  that  time  he  has  behaved  as  a  man  of  good  moral 
character,  attached  to  the  principles  of  the  constitution  of  the 
United  States  and  well  disposed  to  the  good  order  and  happi- 
ness of  the  same ;  but  the  oath  of  the  applicant  shall  in  no 
case  be  allowed  to  prove  his  residence. 

"4.  In  case  the  alien  applying  to  be  admitted  to  citizenship 
has  borne  any  hereditary  title,  or  been  of  any  of  the  orders  of 
nobility  in  the  kingdom  or  state  from  which  he  came  he  shall, 


2r2  Naturalization. 

in  addition  to  the  above  requisites,  make  an  express  renuncia- 
tion of  his  title  or  order  of  nobility  in  the  court  to  which  his- 
application  is  made,  and  his  renunciation  shall  be  recorded  in 
the  court. 

"  5.  Any  alien  who  was  residing  within  the  limits  and  under 
the  jurisdiction  of  the  United  States  before  the  twenty-ninth 
day  of  January,  one  thousand  seven  hundred  and  ninety-five^ 
may  be  admitted  to  become  a  citizen,  on  due  proof  made  to- 
some  one  of  the  courts  above  specified,  that  he  has  resided 
two  years,  at  least,  within  the  jurisdiction  of  the  United 
States,  and  one  year,  at  least,  immediately  preceding  his  applica- 
tion within  the  state  or  territory,  where  such  court  is  at  the 
time  held ;  and  on  his  declaring  on  oath  that  he  will  support 
the  constitution  of  the  United  States,  and  that  he  absolutely 
and  entirely  renounces  and  adjures  all  allegiance  and  fidelity 
to  any  foreign  prince,  potentate,  state  or  sovereignty  and  par- 
ticularly by  name  to  the  prince,  potentate,  state  or  sovereignty 
whereof  he  was  before  a  citizen  or  subject ;  and  also,  on  its 
appearing  to  the  satisfaction  of  the  court,  that  during  such 
term  of  two  years  he  has  behaved  as  a  man  of  good  moral 
character,  attached  to  the  constitution  of  the  United  States,. 
and  well  disposed  to  the  good  order  and  happiness  of  the 
same ;  and  where  the  alien  applying  for  admission  to  citizen- 
ship, has  borne  any  hereditary  title,  or  been  of  any  of  the 
orders  of  nobility  in  the  kingdom  or  state  from  which  became, 
on  his,  moreover,  making  in  the  court  an  express  renunciation 
of  his  title  or  order  of  nobility.  All  of  the  proceedings 
required  in  this  condition  to  be  performed  in  the  court,  shall 
be  recorded  by  the  clerk  thereof. 

"6.  Any  alien  who  was  residing  within  the  limits  and  under 
the  jurisdiction  of  the  United  States,  between  the  eighteenth 
day  of  June,  one  thousand  seven  hundred  and  ninety-eight, 
and  the  eighteenth  day  of  June,  one  thousand  eight  hundred 
and  twelve,  and  who  has  continued  to  reside  within  the  same, 
may  be  admitted  to  become  a  citizen  of  the  United  States 
without  having  made  any  previous  declaration  of  his  intention 
to  become  such  ;  but  whenever  any  person  without  a  certifi- 
cate of  such  declaration  of  intention,  makes  application  to  be 
admitted  a  citizen,  it  must  be  proved  to  the  satisfaction  of 


Naturalization.  ^q^ 

the  court,  that  the  applicant  was  residing  within  the  limits 
and  under  the  jurisdiction  of  the  United  States  before  the 
eighteenth  day  of  June,  one  thousand  eight  hundred  and 
twelve,  and  has  continued  to  reside  within  the  same  ;  and 
the  residence  of  the  applicant  within  the  limits  and  under 
the  jurisdiction  of  the  United  States,  for  at  least  five  years 
immediately  preceding  the  time  of  such  application,  must  be 
proved  by  the  oath  of  citizens  of  the  United  States,  which 
citizens  shall  be  named  in  the  record  as  witnesses ;  and  such 
continued  residence  within  the  limits  and  under  the  juris- 
diction of  the  United  States,  when  satisfactorily  proved,  and  the 
place  where  the  applicant  has  resided  for  at  least  five  years, 
shall  be  stated  and  set  forth,  together  with  the  names  of  such 
citizens,  in  the  record  of  the  court  admitting  the  applicant; 
otherwise  the  same  shall  not  entitle  him  to  be  considered  and 
deemed  a  citizen  of  the  United  States.  (Be  it  enacted  by  the 
Senate  and  House  of  Representatives  of  the  United  States  of 
America  in  Congress  assembled,  that  the  declaration  of 
intention  to  become  a  citizen  of  the  United  States,  required 
by  section  two  thousand  one  hundred  and  sixty-five  of  the 
Revised  Statutes  of  the  United  States,  may  be  made  by  an 
alien  before  the  clerk  of  any  of  the  courts  named  in  said 
section  two  thousand  one  hundred  and  sixty-five ;  and  all 
such  declarations  heretofore  made  before  any  such  clerk  are 
hereby  declared  as  legal  and  valid  as  if  made  before  one 
of  the  courts  made  in  said  section."  {U.  S.  R.  S.,  2d  ed., 
2165,  tit.  30.) 

Aliens  honorably  discharged  from  the  military  service. — 
"Any  alien  of  the  age  of  twenty-one  years  and  upwards, 
who  has  enlisted,  or  may  enlist,  in  the  armies  of  the  United 
States,  either  the  regular  or  volunteer  forces,  and  has  been, 
or  may  be  hereafter,  honorably  discharged,  shall  be  admitted 
to  become  a  citizen  of  the  United  States,  upon  his  petition, 
without  any  previous  declaration  of  his  intention  to  become 
such  ;  and  he  shall  not  be  required  to  prove  more  than  one 
year's  residence  within  the  United  States  previous  to  his 
application  to  become  such  citizen  ;  and  the  court  admitting 
such  alien  shall,  in  addition  to  such  proof  of  residence  and 
good  moral  character,  as  now  provided  by  law,  be  satisfied  by 


394 


Naturalization. 


competent  proof  of  such  person's  having  been  honorably  dis^ 
charged  from  the  service  of  the  United  States."  [U.  S.  R.  S.^ 
2d  ed.,  §  2166,  tit.  30.) 

Certain  persons  arriving  in  their  minority  may  be  natural- 
ized.—  "  Any  alien,  being  under  the  age  of  twenty-one  years, 
who  has  resided  in  the  United  States  three  years  next  pre- 
ceding his  arriving  at  that  age,  and  who  has  continued  to 
reside  therein  to  the  time  he  may  make  application  to  be 
admitted  a  citizen  thereof,  may,  after  he  arrives  at  the  age  of 
twenty-one  years,  and  after  he  has  resided  five  years  within* 
the  United  States,  including  the  three  years  of  his  minority,, 
be  admitted  a  citizen  of  the  United  States,  without  having 
made  the  declaration  required  in  the  first  condition  of  section- 
twenty-one  hundred  and  sixty-five ;  but  such  alien  shall  make 
the  declaration  required  therein  at  the  time  of  his  admission ; 
and  shall  further  declare  on  oath,  and  prove  to  the  satisfac- 
tion of  the  court,  that  for  two  years  next  preceding  it  has 
been  his  bona  fide  intention  to  become  a  citizen  of  the  United 
States ;  and  he  shall  in  all  other  respects  comply  with  the 
laws  in  regard  to  naturalization."  {U.  S.  R.  S.,  2d  ed.,  §2167, 
tit.  30.) 

Aliens  of  African  nativity. —  "  The  provisions  of  this  title 
shall  apply  to  aliens  of  African  nativity  and  to  persons  of 
African  descent."     (§  2169,  same  tit.) 

Uninterrupted  residence. —  "  No  alien  shall  be  admitted  ta 
become  a  citizen  who  has  not  for  the  continued  term  of  five 
years  next  preceding  his  admission  resided  within  the  United 
States."  (§  2 1  yo,  same  tit.)  \For  provisio7is  respecting  an  alien 
whose  country  is  at  war  with  the  United  States  at  the  time  of 
his  application  to  become  a  citizen,  see  §  2 171  of  the  U.  S.  R.  5".] 

Minor  children  of  persons  naturalized. — "  The  children  of 
persons  who  have  been  duly  naturalized  under  the  law  of  the 
United  States,  or  who,  previous  to  the  passing  of  any  law  on 
ihat  subject  by  the  government  of  the  United  States,  may 
have  become  citizens  of  any  one  of  the  states,  under  the  laws 
thereof,  being  under  the  age  of  twenty-one  years  at  the  time 
of  the  naturalization  of  their  parents,  shall,  if  dwelling  in  the 
Uxiited  States,  be  considered  as  citizens  thereof;  and  the 
<hildren   of  persons  who  now  are,  or  have  been,  citizens  of 


Naturalization.  •jqc 

the  United  States,  shall,  though  born  out  of  the  limits  and 
jurisdiction  of  United  States,  be  considered  as  citizens 
thereof  ;  but  no  person  heretofore  proscribed  by  any  state,  or 
who  has  been  legally  convicted  of  having  joined  the  army  of 
Great  Britain  during  the  revolutionary  war,  shall  be  admitted 
to  become  a  citizen  without  the  consent  of  the  legislature  of 
the  state  in  which  such  person  was  proscribed."  {^U.  S.  R.  S., 
2d  ed.,  §  2172,  tit.  30.) 

When  seamen,  being  foreigners,  may  become  citizens. — 
"  Every  seaman,  being  a  foreigner,  who  declares  his  intention 
of  becoming  a  citizen  of  the  United  States  in  any  competent 
court,  and  shall  have  served  three  years  on  board  of  a  mer- 
chant vessel  of  the  United  States  subsequent  to  the  date  o! 
such  declaration,  may,  on  his  application  to  any  competent 
court,  and  the  production  of  his  certificate  of  disckarge  and 
good  conduct  during  that  time,  together  with  the  certificate 
of  declaration  of  his  intention  to  become  a  citizen,  be  admit- 
ted a  citizen  of  the  United  States ;  and  every  seaman,  being 
a  foreigner,  shall,  after  his  declaration  of  intention  to  become 
a  citizen  of  the  United  States,  and  after  he  shall  have  served 
such  three  years,  be  deemed  a  citizen  of  the  United  States 
for  the  purpose  of  manning  and  serving  on  board  any  mer- 
chant vessel  of  the  United  States,  anything  to  the  contrary 
in  any  act  of  congress  notwithstanding ;  but  such  seaman 
shall,  for  all  purposes  of  protection  as  an  American  citizen, 
be  deemed  such,  after  the  filing  of  his  declaration  of  inten- 
tion to  become  such  citizen."     (§  2174,  same  tit.) 

Procuring  fraudulent  certificates  of  naturalization  in  order 
to  vote. —  "  Any  person  who  knowingly  and  willfully  procures 
from  any  court,  judge,  clerk  or  other  officer,  a  certificate  of 
naturalization,  which  has  been  allowed,  issued,  signed  or  sealed 
in  violation  of  the  laws  of  the  United  States  or  of  this  state, 
with  intent  to  enable  himself  or  any  other  person  to  vote  at 
any  election,  when  he  or  such  person  is  not  entitled  by  the 
laws  of  the  United  States  to  become  a  citizen  or  to  exercise 
the  elective  franchise,  is  guilty  of  a  felony."    (§4l-r.  Penal  Code.) 

Instructions  concerning  naturalization. —  The  applicant  must  have 
resided  in  the  United  States  for  the  continued  term  of  five  years  next  pre- 
cedinsr  his  admission,  and   one  year,  at  least,  within  the  state  or  territory 


-g5  Naturalization. 

where  the  court  is  held  that  admits  him.  Two  years,  at  least,  before  hj» 
admission  he  must  declare,  on  oath,  or  affirmation,  before  the  supreme 
court  or  a  county  court  of  the  state,  or  before  a  circuit  or  district  court  of 
the  United  States,  his  intention  to  become  a  citizen,  etc.  If  the  applicant 
was  a  minor,  under  the  age  of  eighteen  years  when  he  came  to  the  coun- 
tr)',  this  previous  declaration  of  intention  is  dispensed  with,  and  he  is  enti- 
tled to  be  admitted  after  he  has  arrived  at  the  age  of  twenty-one  years,  if 
he  has  resided  five  years  in  the  United  States,  including  the  three  years  of 
his  minority,  and  has  continued  to  so  reside  up  to  the  time  when  he  makes 
his  application.  By  act  of  congress,  approved  July  seventeen,  eighteen 
hundred  and  sixty-two,  aliens  of  the  age  of  twenty-one  years  and  upward, 
who  have  enlisted  in  the  armies  of  the  United  States,  in  the  regular  or  vol- 
unteer forces,  and  have  been  honorably  discharged,  are  entitled  to  become 
citizens  of  the  United  States  upon  petition,  without  previous  declaration  or 
intention.  Aliens,  under  such  circumstances,  are  not  required  to  prove 
more  than  one  years  residence  within  the  United  States.  This  act  mate- 
rially alters  the  previous  laws,  but  does  not  in  any  manner  do  away  with 
the  necessity  of  procuring  regular  naturalization  papers.  By  act  of  con- 
gress June  seven,  eighteen  hundred  and  seventy-two,  seamen  of  foreign 
birth,  who  have  declared  intention  to  become  citizens,  may  be  naturalized 
after  three  years'  service  on  merchant  ships. 


state  Naturalization  Law. 


(Chapter  927,  Laws  of  1895.) 


Section  i.  Courts  having-  jurisdiction. —  The  supreme 
court  in  the  respective  judicial  districts  and  the  county  courts 
in  the  respective  counties  of  this  state  shall  have  jurisdiction 
of  declarations  of  intention,  and  of  applications  of  aliens  to 
become  citizens  of  the  United  States ;  no  other  court  or 
courts  now  or  hereafter  established  by  this  state  shall 
entertain  a  primary  or  final  declaration  or  application  made 
by  or  on  behalf  of  an  alien  to  he  admitted  to  become  a 
citizen  of  the  United  States,  or  have  or  entertain  jurisdiction 
of  the  naturalization  of  an  alien ;  nor  shall  any  clerk  of  any 
such  court  or  courts  receive  any  such  declaration,  application 
or  papers. 

§  2.  Primary  declarations. —  Primary  declarations  of  inten- 
tion of  aliens  to  become  citizens  of  the  United  States  maybe 
recorded  and  filed  in  the  supreme  court  in  the  respective 
judicial  districts  and  the  county  courts  in  the  respective 
counties  of  this  state  at  any  time,  and  the  requisite  and  pre- 
scribed oath  administered  by  the  clerk  of  the  court  at  the 
time  of  such  recording  and  filing;  a  complete  record  of  each 
and  every  of  the  said  declarations  shall  be  entered  in  the 
proper  docket  of  the  court  by  the  clerk  thereof,  which  said 
record  the  alien  shall  subscribe,  or  cause  to  be  subscribed,  and 
he  shall  also  add,  or  cause  to  be  added,  in  writing,  the  street 
and  number  of  the  house  in  which  he  resides,  and  the  name 
of  the  city,  town,  village  or  other  place  where  such  residence 
is  situated  ;  provided,  that  where  the  street  and  number,  as 
required  by  the  provisions  of  this  section  of  this  act,  cannot 
be  given,  the  place  of  residence  shall  be  described  with  suffi- 
cient accuracy  for  identification. 

§  3.  Final  application  of  aliens. —  Final  applications  of 
aliens  to  be  admitted  to  become  citizens  of  the  United 
States,  made  in  any  of  the  courts  of  this  state  in  which,  by 
the  provisions  of  this  act,  such  applications  may  be  made, 
may  be    filed    in    term    time    or    during    vacation ;  but    final 


398  State  Naturalization  Law. 

action  thereon  shall  be  had  only  on  stated  days,  to  be 
fixed  by  rule  of  the  respective  courts ;  every  application 
shall  be  entered  on  the  docket  of  the  court  on  the  day  on 
which  the  application  shall  be  made  ;  such  application  shall  be 
in  the  form  of  a  petition,  subscribed  and  verified  by  the  oath 
of  the  applicant,  and  shall  be  filed  in  the  court  to  which  it  is 
presented  at  least  fourteen  days  before  final  action  thereon 
shall  be  had  ;  the  petition  herein  provided  for  shall  state  the 
place  and  country  of  the  birth  of  the  petitioner  and  the  time 
and  place  of  his  arrival  in  the  United  States,  the  grounds  on 
'vhich  he  claims  the  right  to  be  naturalized,  and  shall  set  forth 
his  name  in  full,  his  age  and  occupation,  the  name  of  the  street 
and  the  number  of  the  house  in  which  he  resides,  and  the 
name  of  the  city,  town,  village  or  other  place  in  which  such 
residence  is  situated,  and  the  name  of  the  person  or  the  name 
of  the  persons  whom  the  said  applicant  intends  to  summon  as 
witnesses  at  the  final  hearing  upon  his  said  application,  together 
with  the  street  and  number  of  the  residence  or  residences  of 
such  witnesses ;  simultaneously  with  the  presentation  and 
filing  of  the  petition  herein  prescribed  and  provided  for,  there 
shall  also  be  filed  an  affidavit  of  a  person,  who  must  be  a  citi- 
zen of  the  United  States,  and  who  may  or  may  not  be  a  per- 
son whom  the  petitioner  intends  to  summon  as  a  witness  at 
the  final  hearing  upon  his  application  to  be  admitted  to  become 
a  citizen  of  the  United  States,  which  said  affidavit  shall  set 
forth  the  full  name,  residence  and  occupation  of  the  affiant, 
and  that  the  affiant  is  a  citizen  of  the  United  States  and  is 
personally  well  acquainted  with  the  petitioner,  and  that  the 
said  petitioner  will  have  resided  for  five  years  within  the 
United  States,  and  one  year  within  the  state  of  New  York, 
immediately  preceding  the  return  day  of  the  petition,  and  that 
during  that  time  the  said  petitioner  has  behaved  as  a  man  of 
good  moral  character,  attached  to  the  principles  of  the  consti- 
tution of  the  United  States,  and  well  disposed  to  the  good 
order  and  happiness  of  the  same,  provided  that  in  applications 
made  pursuant  to  sections  two  thousand  one  hundred  and 
sixty-six  and  two  thousand  one  hundred  and  seventy-four  of 
the  revised  statutes  of  the  United  States,  it  shall  be  sufficient 
for  the  affiant  to  swear  to  the  length  of  residence   or  service 


State  Naturalization  Law.  •>qq 

required  by  said  sections  respectively,  and  in  applications 
made  pursuant  to  section  two  thousand  one  hundred  and 
sixty-seven  of  the  revised  statutes  of  the  United  States,  and 
any  amendments  thereof,  the  affiant  shall  also  declare  his 
belief,  with  the  grounds  therefor,  that  for  the  portion  of  the 
two  years  next  preceding  the  return  day  of  the  said  petition 
that  has  elapsed  at  the  time  of  its  presentation,  it  has  been 
bona  fide  the  intention  of  the  petitioner  to  become  a  citizen 
of  the  United  States  ;  provided,  that  in  applications  where 
the  street  number,  as  required  by  the  provisions  of  this 
section  of  this  act,  cannot  be  given  the  place  or  places  of 
residence  shall  be  described  with  sufficient  accuracy  for 
identification  ;  and  provided  further,  that  none  of  the  pro- 
visions and  requirements  of  this  act  shall  be  deemed  to  dis- 
pense with,  nor  shall  they  or  any  of  them  dispense  with,  the 
evidence  and  proofs,  or  other  requirements,  provided  for  and 
required  in  cases  of  naturalization  under,  in  accordance  with, 
and  by  virtue  of  the  provisions  of  the  revised  statutes  of  the 
United  States  and  the  laws  of  congress. 

§  4.  Notice  of  application. —  Every  person  who  may  or 
shall  hereafter  make  application  in  any  of  the  courts  of  this 
state,  in  which  by  the  provisions  of  this  act  such  applications 
may  be  made,  to  be  admitted  to  become  a  citizen  of  the 
United  States,  shall  give  notice  in  writing  of  his  application 
to  the  clerk  of  the  city,  town,  village  or  other  place  where  he 
resides,  or,  if  there  be  no  clerk,  then  to  the  ofificer  or  person 
performing  similar  duties  in  such  place  of  his  residence,  at 
least  fourteen  days  before  the  final  hearing  upon  his  applica- 
tion, as  aforesaid,  which  said  notice  shall  contain  his  full 
name,  age,  occupation,  residence  and  the  name  of  the  court 
in  which  his  said  petition  has  been  filed  and  is  pending ;  it 
shall  be  the  duty  of  such  clerk,  or  other  ofificer  or  person,  to 
make  and  preserve  a  complete  record  of  all  such  notices  in  a 
form  convenient  for  public  inspection,  and  to  give  each  appli- 
cant who  has  given  such  notice  a  certificate  that  the  provisions 
of  this  section  of  this  act  have  been  complied  with,  and  this 
certificate  shall  be  filed  by  the  said  petitioner  in  the  court  in 
which  his  said  petition  is  filed  and  pending  determination 
before  final  action  thereon  shall  be  taken  by  the  court. 


40O 


State  Naturalization  Law. 


§  5.  Posting  of  notice. —  The  clerk,  or  other  officer  or 
person  performing  similar  duties,  of  the  city,  town,  village  or 
other  place  of  the  applicant's  residence,  shall,  within  seven 
days  from  the  receipt  of  the  notice  prescribed  in  the  pre- 
ceding section,  post  in  at  least  two  public  places  in  such 
city,  town,  village,  or  other  place,  the  date  of  the  receipt  of 
the  notice,  the  name  of  the  applicant,  his  age,  occupation, 
residence  and  court  in  which  his  petition  is  pending,  on  lists 
with  blank  forms  containing  the  following  headings  : 


Date  of  receipt  of 
notice. 


Name. 


Age. 


Occupation. 


Residence. 


Court  in  which  petition 
is  pending. 


§  6.  Record  of  final  application. — A  record  of  every  final 
application  to  be  admitted  to  become  a  citizen  of  the  United 
States  shall  be  kept  by  the  clerk  of  the  court  in  which  such 
application  shall  be  made,  and  shall  be  open  to  the  inspection 
of  the  public,  at  reasonable  times  and  upon  proper  demand ; 
such  record  shall  contain  the  names  of  all  applicants,  arranged 
alphabetically  according  to  their  surnames,  and  also  the  resi- 
dences of  the  said  applicants  ;  it  shall  further  state  the  nation- 
ality of  each  applicant  and  the  form  and  nature  of  the  appli- 
cation, whether  based  upon  a  preliminary  declaration  of  inten- 
tion or  upon  a  petition  founded  upon  and  made  in  accordance 
with  the  provisions  and  requirements  of  section  two  thou- 
sand one  hundred  and  sixty-seven  of  the  revised  statutes  of 
the  United  States,  and  any  amendments  thereof,  or  otherwise  ; 
and  it  shall  further  state  the  name  of  the  witness,  or  the  names 
of  the  witnesses,  summoned  by  the  said  applicant  and  appear- 
ing upon  his  final  application  to  be  admitted  to  become  a  citi- 
zen of  the  United  States,  with  the  residence  or  residences  of 
such  witness  or  witnesses;  a  return  shall  be  made  annually  by 


Statk  Naturaliza  riox  T.aw.  ^qi 

the  several  clerks,  on  or  before  the  first  day  of  February  of 
each  year,  to  the  secretary  of  state,  of  the  full  name  and  resi- 
dence of  each  and  every  person  so  naturalized  and  admitted 
to  become  a  citizen  of  the  United  States  during  the  year  prior 
to  the  first  day  of  the  preceding  January,  together  with  the 
date  of  such  naturalization  and  admission  to  citizenship  ;  and 
the  returns  so  made  shall  be  filed  and  kept  by  the  secretary 
of  state  in  a  form  convenient  for  reference.  Copies  of  such 
returns,  certified  by  the  secretary  of  state  under  his  official 
seal,  shall  be  prima  facie  evidence  of  the  facts  therein  stated. 

§7.  Fees  of  officer. — -The  fees  of  the  clerk  or  other  officers 
or  persons  of  cities,  towns,  villages  or  other  places  for  the 
recording  of  the  notice  and  the  issuing  of  the  certificate  pro- 
vided for  under  the  provisions  of  the  fourth  and  fifth  sections 
of  this  act,  shall  be  the  sum  of  fifty  cents  for  each  application. 

§  8.  Penalty  for  violation. —  Any  clerk  or  other  person  who 
records  or  files  any  declaration  or  application  in  any  case  of 
naturalization,  or  issues  any  certificate  in  any  case  of  naturali- 
zation, in  violation  of  the  provisions  of  this  act,  or  any  of  them, 
shall  be  punished  by  a  fine  of  one  hundred  dollars. 

§  9.  Payments  by  political  committees  prohibited. —  No 
political  committee  or  committee  of  any  political  party,  and 
no  person  who  has  received  or  accepted  a  nomination  for  any 
political  office,  shall  make  any  payment  or  promise  of  pay- 
ment of  money  to  or  on  behalf  of  any  person  for  fees  for  the 
primary  or  final  declaration  or  application  for  naturalization, 
or  for  services  as  attorney  or  counsel,  or  as  agent  or  other- 
wise in  assisting  or  enabling  any  person  or  persons  to  make 
such  declaration  or  application  ;  whoever  violates  any  of  the 
provisions  of  this  section  of  this  act  shall  be  punished  upon 
conviction  thereof,  by  a  fine  of  not  less  than  five  hundred  dol- 
lars nor  more  than  one  thousand  dollars. 


Town  Meeting's,  and  the  Election  and 
Tenure  of  Town  Officers. 


(Article  2,  Town  Law,  Chapter  569,  Laws  of  1900.) 

§  10.  Time  and  place  of  biennial  town  meeting. —  The  elec- 
tors of  a  town  shall,  biennially,  on  the  second  Tuesday  of  Febru- 
ary, assemble  and  hold  meetings  at  such  place  in  the  towns  as  the 
electors  thereof  at  their  biennial  town  meeting  shall,  from  time 
to  time,  appoint.  If  no  place  shall  have  been  fixed  for  such  meet- 
ing, the  same  shall  be  held  at  the  place  of  the  last  town  meeting 
in  the  town  or  election  district,  when  town  meetings  of  a  town 
are  held  in  election  districts.  The  board  of  supervisors  of  any 
county  may,  by  resolutions,  fix  a  time  when  the  biennial  town 
meetings  in  such  county  shall  be  held,  which  shall  be  either  on 
some  day  between  the  first  day  of  February  and  the  first  day  of 
May,  inclusive,  or  on  the  first  Tuesday  after  the  first  Monday  in 
November  of  an  odd  numbered  year.  (Thus  amended  by  chap. 
391,  L.  1901,  and  chap.  339,  L.  1903.) 

§  II.  Changing  place  of  biennial  town  meeting. — "The 
electors  of  a  town  may  upon  the  application  of  fifteen  electors 
therein,  to  be  filed  with  the  town  clerk  twenty  days  before  a 
biennial  town  meeting  is  to  be  held,  determine  at  such  meeting, 
by  ballot,  where  future  town  meetings  shall  be  held.  Where  town 
meetings  in  any  town  are  held  in  separate  election  districts,  the 


f 


Town  Meetings,  Election  and  Tenure  of  Officers.  403 

electors  of  each  district  may,  at  a  biennial  town  meeting,  deter- 
mine by  resolution  where  its  future  town  meetings  shall  be  held. 
If  any  place  so  designated  shall  thereafter  and  before  the  close 
of  the  next  biennial  town  meeting  be  destroyed,  or  for  any  reason 
become  unfit  for  use,  or  cannot  for  any  reason  be  used  for  such 
purpose,  the  town  board  shall  forthwith  designate  some  other 
suitable  place  for  holding  such  town  meeting  in  said  town  or 
election  district  as  the  case  may  be.  The  provisions  of  this  section 
shall  not  apply  to  towns  in  counties  where  the  town  meetings  are 
held  at  the  same  time  as  general  elections."  (Thus  amended  b\' 
L.  1898,  chap.  363.) 

*§  12.  Election  of  officers. — "  There  shall  be  elected  at  the 
biennial  town  meeting  in  each  town,  by  ballot,  one  supervisor, 
one  town  clerk,  two  justices  of  the  peace,  three  assessors,  one  col- 
lector, one  or  two  overseers  of  the  poor,  one,  two  or  three  commis- 
sioners of  highways,  and  not  more  than  five  constables ;  if  there 
shall  be  any  vacancies  in  the  office  of  justice  of  the  peace  of  any 
town  at  the  time  of  holding  its  biennial  town  meeting,  persons 
shall  then  also  be  chosen  to  fill  such  vacancies,  who  shall  hold  their 
offices  for  .the  residue  of  the  unexpired  term  for  which  they  are 
respectively  elected.  At  town  meetings  in  towns  held  at  the  same 
time  as  general  elections,  the  names  of  all  candidates  for  town 
offices  shall  be  voted  for  in  the  same  manner  and  on  the  same 
ballot  as  candidates  for  other  offices  voted  for  thereat.  At  such 
town  meetings  no  person  shall  be  allowed  to  vote  for  candidates 
for  town  offices  who  is  not  registered  and  entitled  to  vote  at  such 

'This  section  was  also  amended  by  chap.  349,  L.  1901. 


404  Town  Meetings,  Election  and  Tenure  of  Officers. 

general  election."     (Thus  amended  by  chap.  536,  L.   1901,  and 
chap.  57,  L.  1903.) 

[Town  officers  are  to  be  elected  by  town  electors  or  appointed  by  town  authori* 
ties.  CoDSt.,  art.  lo,  ^  2,  ante.  Officers  to  hold  over  and  continue  to  discharge 
the  duties  of  their  offices  after  the  expiration  of  their  terms  until  their  successors 
shall  be  chosen  and  qualified.  Pub.  Off.  L.,  $  5,  ante.  Nominations  are  to  be 
made  as  prescribed  by  ^^  56,  57  of  the  Election  Law,  ante.  Certificates  of  nom- 
ination  are  to  be  filed  with  town  clerk  as  prescribed  by  §§  58,  59  of  Election 
Law,  ante.  Registration  of  electors  not  required  for  town  elections.  §  33,  subd. 
4,  Election  Law,  ante.  But  when  town  meetings  are  held  at  same  time  as  general 
elections  no  person  shall  be  allowed  to  vote  who  is  not  registered.  See  last 
sentence  of  above  section.  Ballots  are  to  be  prepared  as  prescribed  by  §§  81, 
83,  Election  Law,  ante.  The  expenses  of  printing  ballots,  providing  furniture 
and  stationery  are  a  charge  upon  the  town.     §  18,  Election  Law,  ante."] 

*§  13.  Term  of  office. — Supervisors,  town  clerks,  assessors,  com- 
missioners of  highways,  collectors,  overseers  of  the  poor,  inspec- 
tors of  election  and  constables,  when  elected,  shall  hold  their  re- 
spective offices  for  two  years.  But  whenever  there  is  or  shall 
be  a  change  in  the  time  of  holding  town  meetings  in  any  town, 
persons  elected  to  such  offices  at  the  next  biennial  town  meeting 
after  such  change  shall  take  efifect,  shall  enter  upon  the  discharge 
of  their  duties  at  the  expiration  of  the  term  of  their  predecessors, 
and  serve  until  the  next  biennial  town  meeting  thereafter  or  until 
their  successors  are  elected  and  have  qualified.  Whenever  the 
time  of  holding  town  meetings  in  any  town  is  changed  to  the 
first  Tuesday  after  the  first  Monday  in  November,  except  when 
changed  as  provided  in  section  forty-three  of  this  chapter,  the 
town  officers  elected  thereat  shall  take  office  on  the  first  day  of 
January  succeeding  their  election.  Except  that  the  collector 
elected  at  such  town  meeting  in  nineteen  hundred  and  three  and 
biennially  thereafter  shall  take  office  immediately  upon  his  elec- 
tion and  qualification  as  prescribed  by  law.  All  town  officers 
hereafter  elected  at  a  biennial  town  meeting  held  at  any  time  be- 

*  Section  also  amended  by  chap.  191,  L.  1901. 


Town  Meetings,  Election  and  Tenure  of  Omicers.     405 

tween  the  first  day  of  February  and  the  first  day  of  May  shall,  in 
case  a  board  of  supervisors  thereafter  adopts  a  resolution  chanj^- 
ing  the  time  of  holding  such  biennial  town  meetings  to  the  first 
Tuesday  after  the  first  Monday  in  November  hold  office  until  the 
first  day  of  January  succeeding  the  biennial  town  meeting  first 
held  pursuant  to  such  a  resolution.  But  the  collector  in  each 
such  town  shall  complete  the  duties  of  his  office  in  respect  to  the 
collection  of  taxes,  and  the  payment  and  return  thereof,  upon  anv 
warrant  received  by  him  during  his  term  of  office,  notwithstand- 
ing the  election  of  his  successor.  (Thus  amended  by  chap.  391, 
L.  1901.) 

§  14.  Justice  of  the  peace. — "  There  shall  be  four  justices  of 
the  peace  in  each  town,  divided  into  two  classes,  two  of  whom 
shall  be  elected  biennially.  Such  justices  shall  hold  office  for  a 
term  of  four  years  commencing  on  the  first  day  of  January  suc- 
ceeding their  election."  (Thus  amended  and  renumbered  by 
Laws  1897,  chap.  481,) 

The  electors  of  the  several  towns  shall  at  their  annual  town  meeting,  or 
at  such  other  time  and  in  such  manner  as  the  legislature  may  direct,  elect 
justices  of  the  peace,  whose  term  of  office  shall  be  four  years.  In  case  of 
an  election  to  fill  a  vacancy  occurring  before  the  expiration  of  a  full  term, 
they  shall  hold  for  the  residue  of  the  unexpired  term.  Their  number  and 
classification  may  be  regulated  by  law.     {Co)ist.,  §  17,  art.  4,  ante.) 

§  15.  Commissioners  of  highways. — The  electors  of  such  town 
may,  at  their  biennial  town  meeting,  determine  by  ballot  whether 
there  shall  be  elected  in  their  town  one,  two  or  three  commis- 
sioners of  highways.  Whenever  an}^  town  shall  have  determined 
upon  having  two  or  three  commissioners  of  highways  and  shall 
desire  to  have  but  one,  the  electors  thereof  may  do  so  by  a  vote 
by  ballot  taken  at  a  biennial  town  meeting,  and  when  such  propo- 
sition shall  have  been  adopted  no  other  commissioner  shall  be 
elected  or  appointed  until  the  term  or  terms  of  those  in  office,  at 
the  time  of  adopting  the  proposition  shall  expire  or  become  va- 
cant and  they  may  act  until  their  terms  shall  severally  expire  or 
become  vacant  as  fully  as  if  two  or  three  continued  in  office. 
When  there  shall  be  but  one  commissioner  of  highways  in  any 
town,  he  shall  possess  all  the  powers  and  discharge  all  the  duties 
of  commissioners  of  highways  as  prescribed  by  law.  In  towns  of 
less  than  two  square  miles  in  area,  where  five-sixths  of  the  terri- 
tory shall  consist  of  an  incorporated  village  or  villages,  the  office 
of  highway  commissioner  is  hereby  abolished,  and  in  towns  of 
more  than  two  square  miles  in  area  and  less  than  fourteen  square 


4o6     Town  Meetings,  Election  and  Tenure  of  Officers. 

miles  in  area,  where  two-thirds  of  the  territory  shall  consist  of 
an  incorporated  village  or  villages,  the  town  boards  shall  have 
the  power  and  authority,  by  a  majority  vote,  at  any  regular 
meeting  of  such  town  boards,  to  abolish  the  office  of  highway 
commissioner  or  commissioners,  and  when  so  abolished  shall  file 
a  certificate  of  such  abolition  signed  by  the  supervisor  and  town 
clerk  of  such  towns  in  the  offices  of  the  town  clerk  and  the  clerk 
of  the  county  in  which  such  town  is  located,  and  the  powers  and 
duties  heretofore  performed  by  him  or  them,  shall  devolve  upon 
the  town  board  of  such  town  together  with  such  further  power 
and  authority  over  highways,  streets  and  bridges,  as  are  now 
possessed  by  or  that  may  be  hereafter  granted  to  boards  of  trus- 
tees of  villages  of  the  third  class.  The  provisions  of  this  act 
shall  not  affect  or  abridge  the  term  of  office  of  any  highway  com- 
missioners elected  prior  to  the  passage  of  this  act.  No  town 
working  the  highways  under  the  money  system  of  taxation  and 
where  the  office  of  highway  commissioner  is  abolished  by  virtue 
of  this  section  shall  be  excluded  from  the  benefits  of  section 
fifty-three  of  the  general  highway  law.  (Thus  amended  by  L. 
1901,  clwp.  583,  cJiap.  57,  L.  1903,  and  chap.  209,  L.  1905,  in 
effect  April  17,  1905.) 

§  16.  Overseers  of  the  poor. — "  The  electors  of  each  town  may, 
at  their  biennial  town  meeting,  determine  by  resolution  whether 
they  will  elect  one  or  two  overseers  of  the  poor,  and  the  number 
so  detennined  upon  shall  be  thereafter  biennially  elected  for  a 
term  of  two  years.  Whenever  any  town  shall  have  determined 
upon  having  two  overseers  of  the  poor,  the  electors  thereof  may 
determine  by  a  resolution  at  a  biennial  town  meeting,  to  thereafter 
have  but  one,  and  if  they  so  determine  thereafter  no  other  over- 
seer shall  be  elected  or  appointed,  until  the  term  of  the  overseer 
continuing  in  office  at  the  time  of  adopting  the  resolution  shall 
expire  or  become  vacant,  and  the  overseer  in  office  may  continue 
to  act  until  his  term  shall  expire  or  become  vacant.  The  electors 
of  any  town  may,  at  any  biennial  or  regularly  called  special  term 
meeting  on  the  application  of  at  least  twenty-five  resident  tax- 
payers whose  names  appear  upon  the  then  last  preceding  town 
assessment-roll,  adopt  by  ballot  a  resolution  that  there  shall  be 
appointed  in  and  for  such  town  one  overseer  of  the  poor.  If  a 
majority  of  the  ballots  so  cast  shall  be  in  favor  of  appointing  an 
overseer  of  the  poor,  no  overseer  of  the  poor  shall  thereafter  be 
elected  in  such  town  except  as  hereinafter  provided  ;  and  the  over- 
seers of  the  poor  of  such  town  elected  at  the  town  meeting  at 


Town  Meetings,  Election  and  Tenure  of  Officers.    407 

which  such  resolution  is  adopted  or  who  shall  then  be  in  office 
shall  continue  to  hold  office  for  the  terms  for  which  they  were 
respectively  chosen;  and  within  thirty  days  before  the  expiration 
of  the  term  of  office  of  such  elected  overseer  whose  term  expires 
latest,  the  town  board  of  such  town  shall  meet  and  appoint  one 
overseer  of  the  poor  for  such  town  who  shall  hold  office  for  one 
year  from  the  first  day  of  May  next  after  his  appointment;  and 
annually  in  the  month  of  April  in  each  year  thereafter  an  overseer 
of  the  poor  shall  be  appointed  by  the  town  board  of  such  town  for 
the  term  of  one  year  from  the  first  day  of  May  next  following- 
such  month  of  April.  Each  overseer  of  the  poor  so  appointed 
shall  execute  and  file  with  the  town  clerk  an  official  undertaking 
in  such  form  and  for  such  sum  as  the  town  board  may  by  resolu- 
tion require  and  approve.  An  overseer  of  the  poor,  so  appointed, 
shall  not  hold  any  other  town  office  during  the  term  for  which  he 
is  so  appointed,  and  if  he  shall  accept  an  election  or  appointment 
to  any  other  town  office  he  shall  immediately  cease  to  be  an  over- 
seer of  the  poor.  If  a  vacancy  shall  occur  in  the  office  of  an  over- 
seer of  the  poor,  so  appointed,  such  vacancy  shall  be  filled  by  the 
town  board,  by  appointment  for  the  balance  of  the  unexpired  term. 
The  compensation  of  an  overseer  of  the  poor,  so  appointed,  shall 
be  fixed  by  the  town  board  of  such  town,  but  shall  not  exceed,  in 
any  one  year,  the  sum  of  one  thousand  dollars,  and  shall  be  a 
town  charge.  At  any  subsequent  town  meeting  after  the  expira- 
tion of  three  years  from  the  adoption  of  a  resolution  by  any  town 
to  appoint  an  overseer  of  the  poor,  the  electors  of  the  town  may 
determine  by  ballot  to  thereafter  elect  one  or  more  overseers  of 
the  poor,  and  if  they  determine  so  to  elect,  then  at  the  next  bien- 
nial town  meeting  thereafter  one  or  more  overseers  of  the  poor 
shall  be  elected  in  pursuance  of  the  laws  regulating  the  election  of 
overseers  of  the  poor,  and  the  term  or  terms  of  the  overseer  or 
overseers  first  so  elected  shall  commence  upon  the  expiration  of 
the  term  of  office  of  the  overseer  of  the  poor  last  theretofore  ap- 
pointed in  pursuance  of  law,  and  shall  expire  as  though  each  such 
term  commenced  at  the  time  of  election;  and  their  successors  shall 
thereaftei^  be  elected  in  pursuance  of  law."  {Thus  amended  and 
renumbered  by  La7vs  1897.  chap.  4R1.) 


4o8    Town  Meetings,  Election  and  Tenure  of  Officers. 

§  1 8.  Ballots  for  full  terra  and  vacancies. — "  When  the  elec- 
tors of  any  town  are  entitled  to  vote  for  a  justice  of  the  peace,  to 
fill  a  vacancy  caused  otherwise  than  by  expiration  of  term,  each 
elector  may  designate  upon  his  ballot  the  person  intended  for  a 
full  term  and  for  a  vacancy,  and  if  there  are  two  vacancies,  they 
may  be  designated  as  the  longer  and  the  shorter  vacancy ;  and 
if  three  vacancies,  the  longer,  shorter  and  shortest  vacancy,  and 
each  person  having  the  greatest  number  of  votes  with  reference 
to  each  designation,  shall  be  deemed  duly  elected  for  the  term  or 
vacancy  designated.  If  ballots  are  voted  without  designation, 
the  first  name  on  the  ballot  shall  be  deemed  as  intended  for  the 
full  term  of  the  office  voted  for,  the  second  name  for  the  longer 
vacancy,  the  third  name  for  the  shorter  vacancy  and  the  fourth 
name  for  the  shortest  vacancy.  The  provisions  of  this  section 
shall  apply  to  new  towns  erected ;  and  officers  to  be  elected  in 
such  towns,  except  for  a  full  term,  shall  be  deemed  elected  to  fill 
vacancies.  (Thus  amended  and  renumbered  by  Laws  1897,  chap. 
481.) 

§  19.  Justices  in  new  towns. — If  there  be  one  or  more 
justices  of  the  peace  residing  in  a  new  town,  when  erected,  they 
shall  be  deemed  justices  of  the  peace  thereof,  and  shall  hold 
their  offices  according  to  their  respective  classes;  and  only  so 
many  shall  be  elected  as  shall  be  necessary  to  complete  the  num- 
ber of  four  for  the  town.  (Thus  amended  and  renumbered  by 
Laws  1897,  chap.  481.) 

§  20.  When  more  than  four  justices  may  hold  office. — If  by 
the  erection  of  a  new  town,  or  the  annexation  of  a  part  of  one 
town  to  another,  there  shall  at  any  time  be  more  than  four 
justices  of  the  peace  residing  in  any  town,  they  shall  hold  and 
exercise  their  offices  in  the  town  in  which  they  reside,  according 
to  their  classes  respectively ;  but  on  the  expiration  of  the  tern> 
of  office  of  two  or  more  justices,  being  in  the  same  class,  only 
one  person  shall  be  elected  to  fill  the  vacancy  in  that  class.  When- 
ever by  the  erection  of  a  new  town,  or  the  annexation  of  a  part 
of  one  town  to  another,  any  town  shall  be  deprived  of  one  or 
more  justices  of  the  peace,  by  their  residences  being  within  the 
part  set  off,  the  inhabitants  of  such  town  shall,  at  its  next  annual 
town  meeting,  supply  the  vacancy  so  produced  in  the  classes  to 


Town  Meetings,  Election  and  Tenure  of  Officers.     409 

which    such    justices   belong.      (Thus    renumbered    by    L.    1897, 
chap.  481,) 

§  21.  Terms  of  office  of  town  officers  elected  in  spring  of  1898 
and  1899. — There  shall  be  elected  at  the  town  meeting  in  each 
town,  in  the  spring  of  eighteen  hundred  and  ninety-eight,  one  su- 
pervisor, one  town  clerk,  one  highway  commissioner,  one  assessor, 
one  collector,  one  or  two  overseers  of  the  poor,  not  more  than  five 
constables  and  two  inspectors  of  election  for  each  election  dis- 
trict, all  of  whom  shall  hold  office  for  a  term  of  one  year.  At  the 
town  meeting  to  be  held  in  the  spring  of  eighteen  hundred  and 
ninety-nine,  all  of  such  officers  shall  be  elected  in  the  manner  and 
for  the  terms  prescribed  in  this  act.  There  shall  be  elected  at  the 
town  meeting  to  be  held  in  the  spring  of  eighteen  hundred  and 
ninety-eight,  one  justice  of  the  peace  for  a  term  of  four  years, 
beginning  on  the  first  day  of  January,  eighteen  hundred  and 
ninety-nine.  At  the  town  meeting  to  be  held  in  the  spring  of 
eighteen  hundred  and  ninety-nine,  there  shall  be  elected  two  jus- 
tices of  the  peace  for  a  term  of  four  years  beginning  on  the  first 
day  of  January,  nineteen  hundred ;  and  at  the  biennial  town  meet- 
ings thereafter  held  there  shall  be  elected  two  justices  of  the  peace 
for  a  like  term,  beginning  on  the  succeeding  first  day  of  January. 
At  the  town  meeting  to  be  held  in  the  spring  of  eighteen  hundred 
and  ninety-nine,  there  shall  be  elected  three  assessors,  two  for  a 
full  term  of  two  years  and  one  for  a  term  of  one  year  beginning 
at  the  expiration  of  the  term  of  office  of  the  assessor,  whose  term 
will  expire  in  the  spring  of  nineteen  hundred.  At  every  biennial 
town  meeting  thereafter  held,  three  assessors  shall  be  elected  for 
a  term  of  two  years.  If  in  any  town  there  are  three  commission- 
ers of  highways,  there  shall  be  elected  at  the  town  meeting  to  be 
held  in  the  spring  of  eighteen  hundred  and  ninety-nine,  three 
commissioners  of  highways,  two  for  a  term  of  two  years  and  one 
for  a  term  of  one  year,  beginning  at  the  expiration  of  the  term  of 
office  of  the  commissioner  whose  term  will  expire  in  the  spring  of 
nineteen  hundred.  At  every  biennial  town  meeting  thereafter 
held  in  any  such  town,  three  commissioners  of  highways  shall  be 
elected  for  a  term  of  two  years.  The  provisions  of  this  act  shall 
not  aflfect  or  abridge  the  term  of  office  of  any  town  officer  elected 
prior  to  the  passage  of  this  act.  In  those  towns  where  boards  of 
town  auditors  have  been  established  by  law  and  are  in  existence 


4IO    Town  Meetings,  Election  and  Tenure  of  Officers. 

at  the  time  of  holding  of  the  annual  town  meeting  in  the  spring 
of  eighteen  hundred  and  ninety-eight,  the  person  elected  to  the 
office  of  town  auditor,  at  the  said  annual  town  meeting  in  the 
spring  of  eighteen  hundred  and  ninety-eight,  whether  so  elected 
before  or  after  the  passage  of  this  act  shall  hold  office  for  the  term 
of  one  year  beginning  at  the  expiration  of  the  term  of  office  of  the 
auditor  whose  term  of  office  will  expire  in  the  spring  of  eighteen 
hundred  and  ninety-eight.  At  the  biennial  town  meeting  held  in 
the  spring  of  eighteen  hundred  and  ninety-nine,  in  those  towns 
where  boards  of  town  auditors  have  been  so  established  there 
shall  be  elected  three  town  auditors,  two  for  a  full  term  of  two 
years  and  one  for  a  term  of  one  year  beginning  at  the  expiration 
of  the  term  of  office  of  the  auditor  whose  term  of  office  will  expire 
in  the  spring  of  nineteen  hundred.  At  every  biennial  town  meet- 
ing thereafter  held  in  those  towns  where  boards  of  town  auditors 
have  been  established,  as  provided  by  law,  three  town  auditors 
shall  be  elected,  for  a  term  of  two  years.  {Thus  amended  by  cha^. 
474,  L.  1898.) 

(Temporary  section  to  secure  uniformity  in  term  of  office.) 

§  22.  Powers  of  biennial  town  meetings. — "  The  electors  of 
each  town  may,  at  their  biennial  town  meeting : 

"  I.  Determine  what  number  of  constables,  not  exceeding  five, 
and  pound-masters  shall  be  chosen  in  their  town  for  the  then 
ensuing  two  years ; 

"  2.  Elect  such  town  officers  as  may  be  required  to  be  chosen ; 

"  3.  Direct  the  prosecution  or  defense  of  all  actions  and  pro- 
ceedings in  which  their  town  is  interested,  and  the  raising  of  such 
sum  therefor  as  they  may  deem  necessary ; 

"  4.  Take  measures  and  give  directions  for  the  exercise  of  their 
corporate  powers ; 

"  5.  Make  provisions  and  allow  rewards  for  the  destruction  of 
noxious  weeds  and  animals  as  they  may  deem  necessary,  and 
raise  money  therefor ; 

"  6.  Establish  and  maintain  pounds  at  such  places  within  their 
town  as  may  be  convenient ; 

"  7.  Direct  public  nuisances  in  their  town,  aflFecting  the  security 
of  life  and  health,  to  be  changed,  abated  or  removed,  and  raise 
a  sum  of  money  sufficient  to  pay  the  expense  thereof; 


Town  Meetings,  Election  and  Tenure  of  Officers.    411 

**  8.  Make  from  time  to  time  such  prudential  rules  and  reg- 
ulations, as  they  may  think  proper,  for  the  better  improving 
of  all  lands  owned  by  their  town,  in  its  corporate  capacity,  whether 
common  or  otherwise ;  for  maintaining  and  amending  partition 
or  other  fences  around  or  within  the  same,  and  directing  the 
time  and  manner  of  using  such  land ; 

"  9.  Make  like  rules  and  regulations  for  ascertaining  the  suf- 
ficiency of  all  fences  in  such  town  and  for  impounding  animals ; 
impose  such  penalties  on  persons  offending  against  any  rule 
or  regulation  established  by  their  town,  excepting  such  as  relate 
to  the  keeping  and  maintaining  of  fences,  as  they  may  think 
proper,  not  exceeding  ten  dollars  for  each  offense,  and  apply  the 
same,  when  recovered,  in  such  manner  as  they  may  think  most 
conducive  to  the  interests  of  their  town ; 

"  10.  In  towns  bound  to  support  their  own  poor,  direct  such 
sums  to  be  raised,  as  they  may  deem  necessary,  for  such  purpose, 
and  to  defray  any  charges  that  may  exist  against  the  overseers 
of  the  poor  in  their  town ; 

"11.  Determine  any  other  question  lawfully  submitted  to  them; 

"  Every  order  or  direction,  and  all  rules  and  regulations  made 
by  any  town  meeting,  shall  remain  in  force  until  the  same  shall 
be  altered  or  repealed  at  some  subsequent  town  meeting."  (Thus 
amended  and  renumbered  by  L.  1897,  chap.  481.) 

§  23.  Special  town  meetings. — "  Special  town  meetings  shall 
also  be  held  whenever  twenty-five  taxpayers  upon  the  last  town 
assessment-roll  shall,  by  written  application  addressed  to  the  town 
clerk,  require  a  special  town  meeting  to  be  called,  for  the  pur- 
pose of  raising  money  for  the  support  of  the  poor;  or  to  vote 
upon  the  question  of  raising  and  appropriating  money  for  the 
construction  and  maintenance  of  any  bridges  which  the  town  may 
be  authorized  by  law  to  erect  or  maintain ;  or  for  the  purpose  of 
determining  in  regard  to  the  prosecution  or  defense  of  actions,  or 
the  raising  of  money  therefor ;  or  to  vote  upon  any  proposition 
which  might  have  been  determined  by  the  electors  of  the  town 
at  the  last  annual  town  meeting,  but  was  not  acted  upon  thereat : 
or  to  vote  upon  or  determine  any  question,  proposition  or  resolu- 
tion which  may  lawfully  be  voted  upon  or  determined  at  a  speciat 
town  meeting.  Special  town  meetings  may  also  be  held  upotr 
the   like   application   of   the   supervisor,   commissioner   of   high- 


412    Town  Meetings,  Election  and  Tenure  of  Officers. 

ways,  or  overseers  of  the  poor,  to  determine  questions  pertain- 
ing to  their  respective  duties  as  such  officers,  and  which  the 
electors  of  a  town  have  a  right  to  determine.  An  application 
and  notice  heretofore  made  and  given  for  a  special  town  meet- 
ing to  be  hereafter  held  for  a  purpose  not  heretofore  authorized 
by  law,  but  now  authorized  by  law,  shall  be  as  valid  and  of  the 
same  force  and  effect  as  if  such  purpose  had  been  authorized  by  law 
at  the  time  of  such  application  and  notice."  (Thus  amended  by 
Laws  1894,  chap.  280,  and  renumbered  by  L.  1897,  chap.  481.) 

Town  meetings  may  vote  sum  of  money  for  town  house.  §  190,  Town 
Law.  May  vote  for  erection  of  lock-up.  §  192,  Town  Law.  May  choose 
trustees  of  burial  grounds.     §  193. 

§  24.  Notices  of  town  meetings. — "  No  previous  notice  need 
be  given  of  the  biennial  town  meetings;  but  the  town  clerk  shall, 
at  least  ten  days  before  the  holding  of  any  special  town  meet- 
ing cause  notice  thereof  under  his  hand,  to  be  posted  conspicu- 
ously in  at  least  four  of  the  most  public  places  in  the  town ;  which 
notices  shall  specify  the  time,  place  and  purposes  of  the  meeting." 
(Thus  amended  and  renumbered  by  L.  1897,  chap.  481.) 

Notice  of  the  submission  of  questions  must  also  be  given,  §  32,  Town 
Law,  post. 

§  25.  Presiding  officers  of  town  meetings. — "  The  justices  of 
the  peace  of  each  town  shall  attend  every  town  meeting  held 
therein,  except  where  such  town  meetings  are  held  at  the  time 
of  the  general  elections,  and  such  of  them  as  shall  be  present  shall 
preside  at  such  meeting,  and  see  that  the  same  is  orderly  and 
regularly  conducted,  and  shall  have  the  like  authority  to  preserve 
order,  to  enforce  obedience  and  to  commit  for  disorderly  con- 
duct, as  is  possessed  by  the  board  of  inspectors  at  a  general  elec- 
tion. If  there  be  no  justice  of  the  peace  at  such  meeting,  then 
such  person  as  shall  be  chosen  for  that  purpose  by  the  electors 
present,  shall  preside  and  shall  possess  the  like  powers  as  justices ; 
such  person  appointed  shall  take  the  constitutional  oath  of  office, 
before  entering  upon  his  duties  as  such  presiding  officer."  (Thus 
amended  by  L.  1898,  chap.  363.) 

§  26.  Clerk  of  meeting. — "  The  town  clerk  last  before  elected 
or  appointed,  or,  if  he  be  absent,  such  person  as  shall  be  chosen 
by  the  electors  present,  shall  be  the  clerk  of  such  town  meeting, 
except  when    held  at  the  time  of  a  general  election,  and  shall 


Town  Meetings,  Election  and  Tenure  of  Officers.    413 

keep  faithful  minutes  of  its  proceedings,  in  which  he  shall  enter 
at  length  every  order  or  direction,  and  all  rules  and  regulations 
made  by  such  meeting ;  such  person  chosen  by  the  electors  present 
shall  take  the  constitutional  oath  of  office  before  entering  upon 
his  duties  as  such  clerk."  {Thus  amended  by  L.  1898,  chap.  363.) 
Town  clerk  to  perform  duties  similar  to  ballot  and  poll  clerks  at  general 
election.  At  town  meetings  held  at  same  time  as  general  elections,  the  elec- 
tion officers  of  election  districts  are  to  serve. 

§  2y.  Duration  of  town  meeting. — "  Town  meetings  shall  be 
kept  open  for  the  purposes  of  voting  in  the  day-time  only,  be- 
tween the  rising  and  setting  of  the  sun,  and,  if  necessary,  may 
be  continued  by  a  vote  of  the  meeting  during  the  next  day,  and  no 
longer,  and  be  adjourned  to  another  place  not  more  than  one- 
fourth  of  a  mile  from  the  place  where  it  was  appointed."  (Thus 
renumbered  by  L.  1897,  chap.  481.) 

§  28.  Challenges. — "  If  any  person  offering  to  vote  at  any 
town  meeting  or  upon  any  question  arising  at  such  town  meet- 
ing shall  be  challenged  as  unqualified,  the  presiding  officers  shall 
proceed  thereupon  in  the  manner  prescribed  in  the  general  election 
law  when  challenges  are  made,  which  law,  with  its  penalties,  is 
made  applicable  thereto,  and  no  person  whose  vote  shall  have 
been  received  upon  such  challenge  shall  be  again  challenged  upon 
any  other  question  arising  at  the  same  town  meeting."  (Thus  re- 
numbered by  L.  1897,  chap.  481.) 

§  29.  Minutes  of  proceedings. — "  The  poll-list  and  minutes 
of  the  proceedings  of  every  town  meeting,  subscribed  by  the 
clerk  of  such  meeting,  and  by  the  officers  presiding,  shall  be 
filed  in  the  ofiice  of  the  town  clerk  within  two  days  after  such 
meeting  and  there  preserved."  (Thus  renumbered  by  L.  1897, 
chap.  481.) 

(Ballot  boxes  used  at  such  town  meetings  and  all  ballots  voted  except 
the  void  and  protested  ballots,  and  a  statement  of  the  number  of  ballots  in 
such  boxes  are  to  be  deposited  with  the  town  clerk.  §111,  Election  Law, 
ante.  Void  and  protested  ballots  are  to  be  enclosed  in  sealed  package, 
regularly  endorsed  and  filed  with  minutes  of  secretary.  §  iii,  Election 
Law,  ante. 

§  30.  Transaction  of  business  not  requiring  a  ballot. — "  The 

business  of  the  towns  which  requires  a  vote  of  the  people  other- 
wise than  by  ballot  shall  be  commenced  at  twelve  o'clock  noon  of 


414    Town  Meetings,  Election  and  Tenure  of  Officers. 

the  day  of  the  annual  town  meeting  and  completed  without  ad- 
journment. No  question  involving  the  expenditure  of  money^ 
shall  be  introduced  after  two  o'clock  in  the  afternoon  of  the  same 
day.  All  questions  upon  motion  made  at  town  meetings  shall 
be  determined  by  the  majority  of  the  electors  voting,  and  the 
officers  presiding  at  such  meeting  shall  ascertain  and  declare  the 
result  of  the  votes  upon  each  question,"  {Thus  renumbered  by  L. 
1897,  cJiap.  481.) 

§  31.  Votes  to  expend  over  five  hundred  dollars, — All  votes  in 
town  meetings  upon  any  proposition  to  raise  or  appropriate 
money  or  incur  any  town  liability  exceeding  five  hundred  dollars 
shall  be  by  ballot;  if  five  hundred  dollars  or  less  may  be  viva 
voce,  unless  ballot  is  required  by  the  law  authorizing  the  expendi- 
ture. An  elector  of  a  town  shall  not  be  entitled  to  vote  by  ballot 
upon  any  proposition  for  the  raising  or  appropriation  of  money, 
or  the  incurring  of  any  town  liability,  unless  he  or  his  wife  is 
the  owner  of  property  in  the  town,  assessed  upon  the  last  pre- 
ceding assessment  roll  thereof,  {Thus  amended  by  chap.  598,  L. 
1901.) 

§  ^2.  Notice  of  propositions  to  be  determined  by  ballot, — "  No 
proposition  or  other  matter  than  the  election  of  officers,  shall  be 
voted  upon  by  ballot  at  any  town  meeting,  unless  the  town  offi- 
cers or  other  persons  entitled  to  demand  a  vote  of  the  electors  of 
the  town  thereon,  shall  at  least  twenty  days  before  the  town 
meeting,  file  with  the  town  clerk  a  written  application,  plainly 
stating  the  question  they  desire  to  have  voted  upon,  and  request- 
ing a  vote  thereon  at  such  town  meeting.  When  town  officers, 
as  such,  make  the  application  for  a  vote  to  raise  money  for  pur- 
poses pertaining  to  their  duties,  they  shall  file  with  their  applica- 
tion a  statement  of  their  account  to  date,  with  the  facts  and  cir- 
cumstances which,  in  their  opinion,  make  the  appropriation  ap- 
plied for  necessary,  and  their  estimation  of  the  sum  necessary  for 
the  purpose  stated,  which  statement  may  be  examined  by 
any  elector  of  the  town,  and  shall  be  publicly  read  by  the  town 
clerk  at  the  meeting  when  and  where  the  vote  is  taken,  at  the  re- 
quest of  any  elector.  The  town  clerk  shall,  at  the  expense  of  his 
town,  give  at  least  ten  days'  notice,  posted  conspicuously  in  at 
least  four  of  the  most  public  places  in  town,  of  any  such  pro- 
posed question,  and  that  a  vote  will  be  taken  by  ballot  at  the 
town  meeting  mentioned.  He  shall  also,  at  the  expense  of  his 
town,  provide  a  ballot  box,  properly  labeled,  briefly  indicating 
the  question  to  be  voted  upon,  into  which  all  ballots  voted  upon 
the  question  indicated  shall  be  deposited.  He  shall  also  prepare 
and  have  at  the  town  meeting  a  sufficient  number  of  written  or 


Town  Meetings,  Election  and  Tenure  of  Officers.    415 

printed  ballots,  both  for  and  against  the  question  to  be  voted  upon, 
for  the  use  of  the  electors.  The  vote  shall  be  canvassed,  the  re- 
sult determined  and  entered  upon  the  minutes  of  the  meeting, 
the  same  as  votes  given  for  town  officers."  (Thus  renumbered  by 
Laws  1897,  chap.  481.) 

Town  clerk  to  furnish  ballots,  §§  82.  86,  Election  Law,  ante.  Form  of 
ballots,  §  83,  Election  Law,  ante.  Separate  ballot  boxes  to  be  provided  for 
questions  submitted,  §  16,  Election  Law,  ante. 

§  33.  Proclamation  of  opening  and  closing  polls. — "  Before 
the  electors  shall  proceed  to  elect  any  town  officer,  proclama- 
tion shall  be  made  of  the  opening  of  the  polls,  and  proclamation 
shall  in  like  manner  be  made  of  each  adjournment  and  of 
the  opening  and  closing  of  the  polls  until  the  election  be  ended." 
(Thus  amended  by  Lazvs  1897,  chap.  481.) 

§  34.  Erection  or  discontinuance  of  pounds. — "  Whenever  the 
electors  of  any  town  shall  determine  at  an  annual  town  meeting, 
to  erect  one  or  more  pounds  therein,  and  whenever  a  pound  shall 
now  be  erected  in  any  town,  the  same  shall  be  kept  under  the 
care  and  direction  of  a  pound-master,  to  be  elected  or  appointed 
for  that  purpose.  The  electors  of  any  town  may,  at  annual  town 
meeting,  discontinue  any  pounds  therein."  (Thus  renumbered  by 
Laws  1897,  chap.  481.) 

§  35.  Election  of  pound-masters. — "  Pound-masters  may  be 
elected  either  (i)  by  ballot;  (2)  by  ayes  or  noes,  or  (3)  by  the 
rising  or  dividing  of  the  electors,  as  the  electors  may  determine." 
{Thus  renumbered  by  L.  1897,  chap.  481.) 

§  36.  Balloting;  electors  in  incorporated  village  when  not  to 
vote  on  highway  questions. — "  When  the  electors  vote  by  ballot, 
except  in  towns  where  the  biennial  town  meetings  are  held  at  the 
time  of  general  elections,  all  the  officers  voted  for  shall  be  name3 
in  one  ballot,  which  shall  contain  written  or  printed,  or  partly 
written  or  partly  printed,  the  names  of  the  persons  voted  for,  and 
the  offices  to  which  such  persons  are  intending  to  be  elected, 
and  shall  be  delivered  to  the  presiding  officers  so  folded  as  to 
conceal  the  contents,  and  shall  be  deposited  by  such  officers  in  a 
box  to  be  constructed,  kept  and  disposed  of,  as  near  as  may  be,  in 
the  manner  prescribed  in  the  general  election  law.  When  any 
town  shall  have  within  its  limits  an  incorporated  village,  consti- 


4i6    Town  Meetings,  Election  and  Tenure  of  Officers, 

tuting  a  separate  road  district,  exempt  from  the  supervision  and 
control  of  the  commissioners  of  highways  of  the  town,  and  from 
payment  of  any  tax  for  the  salary  or  fees  of  said  commissioners, 
and  from  payment  of  any  tax  for  the  opening,  erection,  main- 
tenance and  repair  of  any  highway  or  bridge  of  said  town,  with,- 
out  the  limits  of  said  village,  no  residents  of  such  village  shall 
vote  at  any  biennial  or  special  election  in  such  town  for  any  com- 
missioner of  highways  for  said  town,  nor  for  or  against  any  appro- 
priation for  the  opening,  laying  out,  maintenance,  erection  or  re- 
pair of  any  highway  or  bridge  in  said  town,  without  the  limits 
of  said  village.  At  the  biennial  elections  in  such  towns,  the 
names  of  candidates  for  the  office  of  highway  commissioner 
shall  be  printed  on  a  different  ballot  from  the  one  containing 
the  names  of  candidates  for  other  town  offices.  Such  ballots 
shall  be  indorsed  '  commissioner  of  highways/  and  shall  be  de- 
posited, when  voted,  in  a  separate  ballot  box,  which  also  shall 
be  nirrked  '  commissioner  of  highways.'  Such  ballots  and  ballot 
box  shall  be  furnished  by  the  oiticers  now  charged  by  law  with 
that  duty  at  town  elections.  A  poll  list  shall  be  kept  by  the  clerk 
of  the  meeting  on  which  shall  be  entered  the  name  of  each  per- 
son voting  by  ballot."    (Thus  renumbered  by  L.  1898,  chap.  363.) 

All  the  provisions  of  art.  4  of  Election  Law,  ante,  relating  to  ballots, 
stationery,  etc.,  applicable  to  town  meetings. 

§  37.  Canvass  of  votes. — At  the  close  of  the  polls  at  any  town 
meeting,  the  canvassers  shall  proceed  to  canvass  the  votes  pub- 
licly at  the  place  where  the  meeting  was  held.  Before  the  ballots 
are  opened  they  shall  be  counted  and  compared  with  the  poll  list, 
and  the  like  proceedings  shall  be  had  as  to  ballots  folded  together, 
and  diflFerence  in  number  as  are  prescribed  in  the  general  elec- 
tion law.  The  void  and  protested  ballots,  and  the  voted  ballots 
other  than  void  and  protested,  shall  be  preserved  and  disposed 
of  by  the  inspectors  in  the  manner  provided  by  section  one  hun- 
dred and  eleven  of  the  election  law.  The  result  of  the  canvass  shall 
be  read  by  the  clerk  to  the  persons  there  assembled,  which  shall 
be  notice  of  the  election  to  all  voters  upon  the  poll  list.  The  clerk 
shall  also  enter  the  result  at  length  in  the  minutes  of  the  pro- 
ceedings of  the  meeting  kept  by  him,  and  shall,  within  ten  days 
thereafter,  transmit  to  any  person  elected  to  a  town  office,  whose 


Town  Meetings,  Election  and  Tenure  of  Officers,  417 

name  is  not  on  the  poll  list  as  a  voter,  a  notice  of  his  election." 
{Thus  amended  by  chap.  168,  L.  1899.) 

Proceedings  for  canvass  of  vote  under  general  election  law,  §§  no,  112, 
Election  Law,  ante. 

§  38,  Town  meetingi  in  election  districts. — The  electors  of  a 
town  may  determine  by  ballot  at  an  annual  or  special  town  meet- 
ing on  the  written  application  of  twenty-five  electors,  that  town 
meetings  shall  thereafter  be  held  in  the  several  election  districts 
of  their  town,  to  be  therein  conducted  by  the  inspectors  of  elec- 
tion thereof,  instead  of  the  justices  of  the  peace  of  the  town;  or 
may  authorize  the  town  board  to  divide  such  town  into  two  or 
more  joint  election  districts,  as  provided  in  this  section.  The  town 
board  of  any  town  which  has  been  so  authorized  may  divide 
such  town  into  two  or  more  joint  election  districts,  for  the 
purpose  of  holding  town  meetings  therein,  but  such  districts 
shall  be  constituted  by  combining  the  election  districts  in  such 
town.  If  the  town  board  of  any  town  shall  divide  such  town 
into  joint  election  districts  in  pursuance  of  this  section,  such 
board  shall  select  from  the  inspectors  of  election  for  such  town 
three  inspectors  residing  therein,  not  more  than  two  of  whom 
shall  belong  to  the  same  political  party,  for  each  of  such  election 
districts  as  so  constituted.  Such  inspectors  shall  act  at  the  first 
town  meeting  held  in  such  districts  thereafter.  At  the  first  town 
meeting  held  in  such  districts  and  annually  thereafter,  there  shall 
be  elected  in  each  of  such  districts  in  the  same  manner,  and 
with  the  same  qualifications  as  inspectors  are  elected  for  a  gen- 
eral election,  three  inspectors  of  election  for  such  district.  If 
a  town  shall  hold  its  town  meeting  in  more  than  one  district, 
the  inspectors  of  each  of  such  districts  shall  appoint  one  poll 
clerk,  and  in  the  conduct  of  such  meetings  they  shall  have  the 
same  powers  and  duties  as  the  justices  of  the  peace  and  town 
clerk  have  at  the  annual  town  meetings  presided  over  by  them. 
No  town  officer  shall  be  required  to  make  or  render  any  report, 
statement  or  abstract  at  a  town  meeting  when  held  in  separate  or 
joint  election  districts.  At  the  close  of  the  polls,  the  inspectors 
shall  forthwith  publicly  canvass  the  ballot  cast,  and,  without 
postponement  or  adjournment,  make  a  full  and  true  statement 
of  the  whole  number  so  cast  for  each  and  every  candidate  for  an 


4i8    Town  Meetings,  Election  and  Tenure  of  Officers. 

office  balloted  for,  and  of  the  whole  number  of  votes  for  and 
against  every  question  or  proposition  voted  upon  at  such  town 
meeting.     The  void  and  protested  ballots,  and  the  voted  ballots 
other  than  void  and  protested,  shall  be  preserved  and  disposed 
of  by   the   inspectors   in   the   manner   provided   by   section   one 
hundred  and  eleven  of  the  election  law.     Such  statement  shall 
be  made  in  the  same  form  as  statements  by  such  inspectors  of 
the  votes  cast  at  general  elections,  and  shall  be  signed  by  the 
inspectors  and  delivered  by  one  of  their  number,  selected  by  them 
for  that  purpose,  to  the  justices  of  the  peace  and  town  clerk  of 
the  town,  who  shall  convene  and  receive  the  same  at  the  office 
of  the  town  clerk,  on  the  day  next  following  the  town  meeting, 
at  ten  o'clock  in  the  forenoon.    Such  justices  and  clerk  shall  then 
and  there  recanvass  such  votes  from  the  statements  of  the  in- 
spectors of  the  several  separate  or  joint  election  districts  so  de- 
livered  to   them,   and   thereupon   appoint   in   writing   additional 
inspectors  of  election,  and  read  and  enter  the  results  in  the  same 
manner  as  required  of  them  at  the  close  of  the  canvass  of  a  town 
meeting  presided  over  by  them.     When  the  electors  of  a  town 
have  determined  to  hold  their  town  meetings  in  separate  or  joint 
districts,  they  may  again,  upon  the  written  application  of  twenty- 
five  electors,  at  an  annual  town  meeting,  determine  by  ballot  to 
return  to  the  former  system  of  holding  but  one  poll  at  their  town 
meetings,  and  thereupon  their  town  meetings  shall  be  held  at  but 
one  polling  place  in  said  town,  but  such  changes  shall  not  be  made 
oftener  than  once  in  five  years.    (Thus  amended  by  Laws  1899, 
chap.  168.) 

The  powers  and  duties  of  inspectors  of  election  are  the  same  as  at  gen- 
eral elections,  §§  100-114,  Election  Law,  ante. 

§  39.  Transaction  of  business  in  separate  election  districts  not 
requiring  a  ballot. — "  Any  proposition  to  be  submitted  to  and 
voted  upon  by  the  electors  of  a  town  at  any  town  meeting,  which 
is  not  required  to  be  voted  upon  by  ballot,  may  be  submitted  to 
the  electors  of  the  town  voting  in  separate  or  joint  election  dis- 
tricts of  the  town  meeting,  but  the  vote  upon  any  such  proposi- 
tion shall  be  taken  by  a  division  of  the  electors  present  and  voting 
thereon;  and  the  inspectors  shall  count  the  number  of  electors 
so  voting  in  favor  of  such  proposition,  and  the  number  so  voting 


Town  Meetings,  Election  and  Tenure  of  Officers.    419 

against  the  same,  and  shall  enter  in  the  statement  of  the  result  of 
the  town  meeting  held  in  such  district  a  statement  of  the  proposi- 
tion so  voted  upon,  and  the  number  of  votes  so  cast  in  favor  of 
and  against  the  same,  and  certify  with  the  statement  that  they 
are  required  to  certify  and  return  to  the  justices  of  the  peace 
and  town  clerk  of  the  town.  No  such  proposition  shall  be  so 
voted  upon  unless  notice  that  such  vote  will  be  taken  has  been 
published  by  the  town  clerk,  at  least  one  week  before  the 
town  meeting,  in  a  newspaper  published  in  the  town,  if  any 
^uch  is  published  therein,  and  such  notice  shall  also  be  posted 
for  the  same  length  of  time  at  the  place  where  the  poll  of  the 
town  meeting  is  to  be  held,  in  each  separate  or  joint  election 
district,  and  shall  be  publicly  read  by  the  inspectors  to  the  voters 
present  before  any  such  vote  is  taken.  Any  elector  of  the  town 
may,  by  a  written  application  filed  with  the  town  clerk  at  least 
ten  days  before  the  town  meeting  is  to  be  held,  require  such 
notice  to  be  given  by  the  town  clerk.  Every  such  proposition  shall 
be  submitted  to  a  vote,  commencing  at  the  hour  of  twelve,  noon, 
and  continuing  until  all  such  propositions  have  been  voted  upon, 
and  every  such  proposition  shall  be  submitted  to  the  vote  of  the 
electors  of  the  town  at  the  poll  of  «svery  separate  or  joint  election 
district  in  the  town."  (Thus  renumbered  byLazvs  i8gy, chap. 481.) 
§42.  Town  meetings  held  at  the  time  of  general  elections; 
canvass  of  votes. — If,  in  any  town,  the  biennial  town  meeting 
is  held  at  the  sami  time  as  the  general  election,  such  town 
meeting  shall  be  held  in  the  election  districts  of  such  town,  and 
be  conducted  by  the  inspectors  of  election  thereof.  At  the  close 
of  the  polls  at  any  such  town  meeting,  the  inspectors  shall  pro- 
ceed to  canvass  the  votes  for  the  candidates  for  the  several  town 
offices  in  the  election  districts  where  such  town  meeting  was 
held,  in  the  same  manner  as  the  votes  for  other  candidates  cast 
at  the  general  election  are  canvassed.  They  shall  make  a  state- 
ment of  the  whole  number  of  votes  cast  for  each  candidate  for  a 
town  ofltice  and  deliver  the  same  to  one  of  the  justices  of  the  peace 
of  the  town,  and  on  the  Thursday  succeeding  such  town  meeting, 
such  votes  shall  be  recanvassed,  the  additional  inspectors  of  elec- 
tion in  each  district  shall  be  appointed,  and  the  result  of  the  elec- 
tion declared  as  provided  by  section  thirty-eight  of  this  chapter. 
In  case  of  a  contest  or  other  proceeding  in  which  the  validity  of 


420  Town  Meetings,  Election  and  Tenure  of  Officers. 

the  election  of  a  town  officer  in  any  such  town,  is  in  controversy, 
the  ballots  cast  at  any  town  meeting  and  election  may  be  examined 
and  recounted,  as  provided  by  law,  in  case  of  other  officers  elected 
at  general  elections.    (Thus  amended  by  L.  1901,  chap.  391.) 

Recanvass  by  town  board. —  The  provisions  of  this  section  directing 
that  votes  for  town  officers  cast  at  a  biennial  town  meeting  held  at  the 
same  time  as  a  general  election  "  shall  be  recanvassed  "  on  the  Thursday 
succeeding  such  town  meeting,  when  read  in  connection  with  such  section 
38  of  the  Town  Law,  do  not  permit  the  justices  of  the  peace  and  the 
town  clerk  to  make  a  recanvass  to  recount  the  vote ;  they  must  declare 
the  result  as  it  appears  from  the  statements  of  it  made  by  the  inspectors 
of  election,  who  by  statute  make  the  recanvass  itself.  {Matter  of  Park,  37 
Misc.  133;  74  N.  Y.  Supp.  915.) 

§  43.  Town  may  change  date  of  holding  town  meeting. — A 
town  may  change  the  date  of  its  town  meeting  to  the  first  Tues- 
day after  the  first  Monday  in  November,  known  as  general  elec- 
tion day,  by  adopting  a  proposition  therefor  at  a  regular  town 
meeting.  Such  a  proposition  may  be  submitted  by  the  town 
board  on  its  own  motion,  and  shall  be  submitted  by  such  board 
on  the  written  application  of  twenty-five  taxable  voters  of  the 
town.  The  proposition  must  be  submitted,  voted  on,  and  the 
result  canvassed  as  prescribed  by  section  thirty-two.  If  it  be 
adopted  a  certificate  to  that  effect  shall  be  filed  by  the  town  clerk 
within  ten  days  thereafter  in  the  office  of  the  county  clerk  and  also 
with  the  clerk  of  the  board  of  supervisors.  If  the  proposition  be 
adopted  the  first  town  meeting  shall  be  held  on  general  election 
day  in  the  next  calendar  year,  and  the  terms  of  all  officers,  except 
justices  of  the  peace  elected  on  the  day  of  the  adoption  of  the 
proposition,  shall  expire  on  the  day  of  such  first  meeting.  There- 
after town  meetings  in  such  town  shall  be  held  biennially  on  gen- 
eral election  day  in  the  manner  prescribed  by  this  chapter,  except 
that  after  five  years  from  the  first  meeting,  the  town  meeting 
may  in  like  manner  change  from  such  general  election  to  any 
other  day  authorized  by  law.  The  term  of  office  of  all  officers, 
except  justices  of  the  peace,  in  a  town  which  under  this  section 
changes  its  town  meeting  to  general  election  day,  shall  be  two 
years  from  the  date  of  their  election.  (Added  by  chap.  145,  L. 
1899.) 

§  44.  When  women  are  qualified  to  vote. — A  woman  who  pos- 
sesses the  qualifications  to  vote  for  town  officers,  except  the  quali- 
fication of  sex,  and  who  is  the  owner  of  property  in  the  town 
asessed  upon  the  last  preceding  assessment-roll  thereof,  is  enti- 
tled to  vote  upon  a  proposition  to  raise  money  by  tax  or  assess- 
ment.    {Added  by  chap.  509,  L.  1901.) 


Qualification  of  Town  Officers, 


(Article  III,  Town  Law,  Chapter  569,  Laws  of  1890.) 


§  50.  Eligibility  of  town  officers. — "  Every  elector  of  the 
town  shall  be  eligible  to  any  town  office,  except  inspectors  of 
election  shall  also  be  able  to  read  or  write.  But  no  county 
treasurer,  superintendent  of  the  poor,  school  commissioner, 
trustee  of  a  school  district,  or  United  States  loan  commis- 
sioner shall  be  eligible  to  the  office  of  supervisor  of  any  town 
or  ward  in  this  state." 

§  51.  Oath  of  office. — "  Every  person  elected  or  appointed 
io  any  town  office,  except  justice  of  the  peace,  shall  before  he 
enters  on  the  duties  of  his  office,  and  within  ten  days  after  he 
shall  be  notified  of  his  election  or  appointment,  take  and  sub- 
scribe before  some  officer  authorized  by  law  to  administer 
oaths  in  his  county,  the  constitutional  oath  of  ofifice,  and  such 
other  oath  as  may  be  required  by  law,  which  shall  be  admin- 
istered and  certified  by  the  officer  taking  the  same  without 
reward,  and  shall  within  eight  days  be  filed  in  the  office  of 
the  town  clerk,  which  shall  be  deemed  an  acceptance  of  the 
office ;  and  a  neglect  or  omission  to  take  and  file  such  oath, 
or  a  neglect  to  execute  and  file,  within  the  time  required  by 
law,  any  official  bond  or  undertaking,  shall  be  deemed  a 
refusal  to  serve,  and  the  office  may  be  filled  as  in  case  of 
vacancy." 

§  52.  Collector's  undertaking. — "  Every  person  elected  or 
appointed  to  the  office  of  collector,  before  he  enters  upon 
the  duties  of  his  office,  and  within  eight  days  after  he  receives 
notice  of  the  amount  of  taxes  to  be  collected  by  him,  shall 
execute  an  undertaking  with  two  or  more  sureties,  to  be 
approved  by  the  supervisor,  to  the  effect  that  he  will  well  and 
faithfully  execute  his  duties  as  collector,  pay  over  all  moneys 
received  by  him,  and  account  in  the  manner  and  within  the 
time  provided  by  law  for  all  taxes  upon  the  assessment-roll  of 
his  town  delivered  to  him  for  the  ensuing  year,  and  shall 
deliver  such  undertaking  to  the  supervisor  of  the  town." 


A22  Qualification  of  Town  Officers. 

§  53.  Filing  and  lien  of  collectors'  undertaking. — "The 

supervisor  shall,  within  six  days  thereafter,  file  the  undertaking 
with  his  approval  indorsed  thereon,  in  the  office  of  the  county- 
clerk,  who  shall  make  an  entry  thereof  in  a  book  to  be  provided 
for  the  purpose,  in  the  same  manner  as  judgments  are  entered 
of  record ;  and  every  such  undertaking  shall  be  a  lien  on  all 
the  real  estate  held  jointly  or  severally  by  the  collector  or  his 
sureties  within  the  county  at  the  time  of  the  filing  thereof,  and 
shall  continue  to  be  such  lien,  until  its  condition,  together  with 
all  costs  and  charges  which  may  accrue  by  the  prosecution 
thereof,  shall  be  fully  satisfied.  Upon  a  settlement  in  full  be- 
tween the  county  treasurer  and  collector,  a  certificate  of  pay- 
ment shall  be  executed  in  duplicate  by  the  county  treasurer, 
one  copy  to  be  delivered  to  the  collector  and  one  copy  of  such 
certificate  shall  be  filed  by  the  county  treasurer  in  the  office 
of  the  county  clerk,  and  said  county  clerk  shall  then  enter  a 
satisfaction  thereof  in  the  book  in  which  the  filing  of  said  bond 
is  entered  and  opposite  said  entry  of  filing."  {TJius  amended 
by  Lazvs  1897,  cJiap.  323.) 

§  54.  Constable's  undertakings. — "  Every  person  elected 
or  appointed  to  the  office  of  constable  shall,  before  he  enters 
on  the  duties  of  his  office,  and  within  ten  days  after  he  shall 
be  notified  of  his  election  or  appointment,  execute  in  the  pres- 
ence of  the  supervisor  or  town  clerk  of  the  town,  with  at  least 
two  sufficient  sureties,  to  be  approved  by  such  supervisor  or 
town  clerk,  an  undertaking  to  the  effect  that  such  constable 
and  his  sureties  will  pay  to  each  and  every  person,  who  may 
be  entitled  thereto,  all  such  sums  of  money  as  the  constable 
may  become  liable  to  pay  on  account  of  any  execution  which 
shall  be  delivered  to  him  for  collection  ;  and  also  pay  each  and 
every  person  for  any  damages  which  he  may  sustain  from  or 
by  any  act  or  thing  done  by  such  constable  by  virtue  of  his 
office.  The  supervisor  or  town  clerk  shall  indorse  on  the  un- 
dertaking his  approval  of  the  sureties  therein  named,  and  shall 
cause  the  same  to  be  filed  in  the  office  of  the  town  clerk  within 
ten  days  thereafter." 

§  55.  Refusal  to  serve  as  overseer  of  highways  or  pound- 
master. — "  If  any  person  chosen  or  appointed  to  the  office  of 
overseer  of  highways  or  poundmaster  shall  refuse  to  serve,  he 
shall  forfeit  to  the  town  the  sum  of  ten  dollars." 

%  56.  Town  officers  to  administer  oaths. — "Any  town 
officer  may  administer  any  necessary  oath  in  any  matter  or 
proceeding  lawfully  before  him,  or  to  any  paper  to  be  filed 
with  him  as  such  officer." 

§  57.  Certificate  of  election  of  justices. —"  The  town  clerk  of 
each  town  shall,  within  ten  days  after  the  election  of  a  justice  of 
the  peace  has  been  declared,  transmit  to  the  clerk  of  his  county  a 


Qualifications  of  Town  Officers.  423 

certificate  showing  the  result  of  such  election  under  his  hand, 
which  shall  be  presumptive  evidence  of  the  facts  therein  certified." 
(Thus  amended  by  L.  1898. 

§  58.  Justices'  undertakings. —  "  Every  justice  of  the  peace 
elected  or  appointed  in  any  of  the  towns  or  cities  of  this  state, 
except  the  city  of  New  York,  and  any  city  whose  charter 
requires  such  officer  to  give  a  bond  or  undertaking,  shall, 
before  he  enters  upon  the  duties  of  his  office,  execute  an  under- 
taking with  two  sureties  to  be  approved  by  the  supervisor  of 
the  town,  or  the  town  clerk  thereof  where  the  justice  of  the 
peace  is  also  supervisor  of  the  town,  or  the  common  council  of 
the  city  in  which  the  justice  shall  reside,  to  the  effect  that  he 
will  pay  over  on  demand,  to  the  officer,  person  or  persons 
entitled  to  the  same,  all  moneys  received  by  him  by  virtue 
of  his  office,  and  file  the  undertaking  in  the  office  of  the 
clerk  of  the  city  or  town  in  which  he  resides.  Every  jus- 
tice shall  also,  on  or  before  the  fifteenth  day  of  January 
next  succeeding  his  election,  file  with  the  county  clerk 
a  certificate  of  the  clerk  of  the  city  or  town  in  which  he 
resides,  that  he  has  filed  such  undertaking.  Such  justice  of  the 
peace  shall  take  and  subscribe  before  some  officer  authorized  by 
law  to  administer  oaths  in  his  county,  the  constitutional  oath  of 
office,  upon  blanks  to  be  furnished  by  the  county  clerk.  Such 
oath  shall  be  in  duplicate,  one  of  which  shall  be  filed  in  the  office 
of  the  county  clerk  and  one  in  the  office  of  the  town  clerk.  If 
elected  or  appointed  to  fill  a  vacancy,  at  the  time  existing  or  in 
any  new  town,  he  shall  file  such  undertaking  and  certificate  and 
take  the  oath  of  office,  and  enter  upon  the  duties  thereof,  within 
fifteen  days  after  notice  of  his  election  or  appointment.  No  jus- 
tice of  the  peace  shall  take  his  oath  of  office  until  he  shall  have 
filed  such  certificate  with  the  county  clerk.  {Thus  amended  by 
chap.  398,  L.  1901.) 

§60.  Supervisor's  undertaking. — "  Every  supervisor  here- 
after elected  or  appointed  shall,  within  thirty  days  after  enter- 
ing upon  his  office,  make  and  deliver  to  the  town  clerk  of  the 
town  his  undertaking,  with  such  sureties  as  the  town  board 
shall  prescribe,  to  the  efifect  that  he  will  well  and  faithfully 
discharge  his  official  duties  as  such  supervisor,  and  that  he 
•will  well  and  truly  keep,  pay  over  and  account  for  all  moneys 
and  property,  including,  the  local  school  fund,  if  any,  belong- 
ing to  his  town  and  coming  into  his  hands  as  such  supervisor; 
and  such  undertaking  shall  after  its  execution,  be  presented 
to  the  town  board  for  their  approval  as  to  its  form,  and  the 


424  Qualification  of  Town  Officers. 

sufficiency  of  the  sureties  therein,  and  until  the  same  shall  be 
so  approved,  none  of  the  moneys,  books,  documents,  papers 
or  property  of  the  town  shall  be  turned  over  or  delivered  to 
such  supervisor  elect." 

§61.  Undertaking  of  commissioner  of  excise. —  "Each 
commissioner  of  excise  shall,  before  he  enters  upon  the  duties 
of  his  office,  execute  an  undertaking  to  be  approved  by  the 
supervisor  of  his  town,  to  the  effect  that  he  will  pay  over  ta 
the  supervisor  of  his  town,  within  thirty  days  after  the 
receipt  thereof,  all  moneys  received  by  him  as  such  commis- 
sioner of  excise,  which  undertaking  shall  be  delivered  to  the 
supervisor,  and  by  him  filed  in  the  office  of  the  town  clerk 
within  ten  days  thereafter," 

§  62.  Undertaking  of  overseer  of  the  poor.— "Every 
person  elected  or  appointed  overseer  of  the  poor  in  any  town 
shall,  within  ten  days  after  being  notified  of  his  election  or 
appointment,  execute  an  undertaking  with  one  or  more 
sureties,  to  be  approved  by  the  supervisor  of  his  town,  to 
the  effect  that  he  will  faithfully  discharge  the  duties  of  his 
office,  and  will  pay  according  to  law  all  moneys  which  shall 
come  into  his  hands  as  such  overseer,  which  undertaking  shall 
be  delivered  to  the  supervisor  and  filed  by  him  in  the  office  of 
the  town  clerk  within  ten  days  thereafter." 

§  63.  Undertaking  of  commissioner  of  highways. —  "  Every 
commissioner  of  highways  shall,  within  ten  days  after  notice 
of  his  election  or  appointment,  execute  an  undertaking  with 
two  or  more  sureties,  to  be  approved  by  the  supervisor  of  his 
town,  to  the  effect  that  he  will  faithfully  discharge  his  duties 
as  such  commissioner,  and  within  ten  days  after  the  expira- 
tion of  his  term  of  office,  pay  over  to  his  successor  all  moneys 
remaining  in  his  hands  as  such  commissioner,  and  render  to 
such  successor  a  true  account  of  all  moneys  received  and  paid 
out  by  him  as  such  commissioner,  which  undertaking  shall  be 
delivered  to  the  supervisor,  and  filed  by  him  in  the  office  of 
the  town  clerk  within  ten  days  thereafter.'* 

§64.  Resignation  of  town  officers. —  "Any  three  justices 
of  the  peace  of  a  town  may,  for  sufficient  cause  shown  to  them 
accept  the  resignation  of  any  town  officer  of  their  town ;  and 


Qualification  of  Town  Officers.  425 

whenever  they  shall  accept  any  such  resignation,  they  shall  forth- 
with give  notice  thereof  to  the  town  clerk  of  the  town." 

§  05.  Filling  of  vacancies. — "  When  a  vacancy  shall  occur  or 
exist  in  any  town  office,  the  town  board  or  a  majority  of  them  may, 
by  an  instrument  under  their  hands  and  seals,  appoint  a  suitable 
person  to  fill  the  vacancy,  and  the  person  appointed,  except  justices 
of  the  peace,  shall  hold  the  office  until  the  next  biennial  town  meet- 
ing. A  person  so  appointed  to  the  office  of  justice  of  the  peace  shall 
hold  the  office  until  the  next  biennial  town  meeting,  unless  the  ap- 
pointment shall  be  made  to  fill  the  vacancy  of  an  officer  whose  term 
will  expire  on  the  thirty-first  day  of  December  next  thereafter,  in 
which  case  the  term  of  office  of  the  person  so  appointed  shall  ex- 
pire on  the  thirty-first  day  of  December  next  succeeding  his 
appointment.  The  board  making  the  appointment  shall  cause  the 
same  to  be  forthwith  filed  in  the  office  of  the  town  clerk,  who  shall 
forthwith  give  notice  to  the  person  appointed.  A  copy  of  the 
appointment  of  a  justice  of  the  peace  shall  also  be  filed  in  the 
office  of  the  county  clerk  before  the  person  appointed  shall  be  au- 
thorized to  act."    {Thus  amended  by  Lazvs  1897,  chap.  481.) 

§  6'"i.  Form  of  undertaking,  and  liability  thereon. — "  Every  un- 
dertaking of  a  town  officer,  as  provided  by  this  chapter  or  other- 
wise, must  be  executed  by  such  officer  and  his  sureties  and  ac- 
knowledged or  proven  and  certified  in  like  manner  as  deeds  to  be 
recorded,  and  the  approval  indorsed  thereon.  The  parties  executing 
such  undertaking  shall  be  jointly  and  severally  liable,  regardless  of 
its  form  in  that  respect,  for  the  damages  to  any  person  or  party  by 
reason  of  a  breach  of  its  terms." 

§  67.  County  clerk  to  report  omissions  of  town  officers. — "  The 
clerk  of  each  county  shall  make  a  report  to  the  district  attorney  of 
the  county,  of  all  omissions  by  any  town  officer  to  make  and  trans- 
mit any  returns  or  certificates,  which  by  law  they  are  required  to 
make  to  such  clerk,  and  the  district  attorney  shall  enforce  the 
penalty,  by  law  imposed  upon  the  delinquent  officer." 

§  178.  Compensation  of  town  officers. — Town  officers  shall  be 
entitled  to  compensation  at  the  following  rates  for  each  day  act- 
ually and  necessarily  devoted  by  them  to  the  service  of  the  town 
in  the  duties  of  their  respective  offices,  when  no  fee  is  allowed  by 
law  for  the  service,  as  follows : 

r.  [This  subdivision  provides  for  the  compensation  of  town 
supervisors,  town  clerks,  assessors,  commissioners  of  highways, 
justices  of  the  peace  and  overseers  of  the  poor,  and  is  therefore 
omitted.] 

2.  If  a  different  rate  is  not  otherwise  established  as  herein  pro- 
vided, each  inspector  of  election,  ballot  clerk  and  poll  clerk  is 
entitled  to  two  dollars  per  day :  but  the  board  of  supervisors  may 
establish  in  their  county  a  higher  rate,  not  exceeding  six  dollars 
per  day.     {Thus  amended  by  chap.  292,  L.  1900.) 


426  Town  Meetings.'' 

Ctiap.    594. 

AN  ACT  to  provide  for  the  holding  of  town  meetings  and  elec- 
tions in  counties  of  the  state  having  a  certain  population. 
Became  a  law  April  28,  189S,  with  the  approval  of  the  Governor. 
Passed,  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  i.  The  next  town  meeting  or  election  at  which  town 
officers  shall  be  elected  in  any  county  of  the  state  having  a  popu- 
lation of  over  one  hundred  and  fifty  thousand  and  less  than  one 
hundred  and  sixty  thousand  inhabitants,  according  to  the  state 
enumeration  next  preceding  the  passage  of  this  act,  shall  be  held 
on  the  first  Tuesday  after  the  first  Monday  in  November  in  the 
year  eighteen  hundred  and  ninety-nine,  and  biennially  thereafter 
at  the  same  places  as  general  elections  in  such  towns  are  held. 
No  person  shall  be  entitled  to  vote  at  any  such  town  meeting  and 
election  unless  he  is  registered  and  entitled  to  vote  at  the  general 
election  held  at  the  same  time  that  such  town  meeting  is  held. 
All  elective  town  officers  shall  be  elected  at  such  general  election 
in  the  same  manner  and  on  the  same  ballot  as  other  officers  who 
may  be  elected  thereat.  Certificates  of  nomination  of  candidates 
for  town  office  in  any  such  towns  shall  be  in  duplicate,  one  of 
which  shall  be  filed  with  the  town  clerk  of  the  town,  and  the  other 
with  the  clerk  of  the  county  wherein  such  town  is  located,  and  if 
nominated  by  a  political  party,  at  least  twenty  days  and  not  more 
than  thirty  days  before  such  town  meeting  and  election  is  held,  or, 
if  independent  nominations  at  least  fifteen  days  and  not  more  than 
thirty  days  prior  thereto.  The  ballots  prepared  by  the  county 
clerk  shall  include  the  names  of  all  candidates  nominated  for  town 
offices  in  any  such  towns.  The  county  clerk  shall  apportion  to 
and  charge  the  several  towns  in  any  of  such  counties  with  their 
respective  proportionate  shares  of  the  expense  of  the  preparation 
and  distribution  of  such  ballots. 


Town  Meetings.  427 

§  2.  Ballots  for  the  submission  of  questions  or  propositions  re- 
lating to  town  affairs  shall  be  prepared  and  furnished  at  the 
expense  of  the  town  by  the  clerk  thereof,  as  provided  in  the  elec- 
tion law.  Such  ballots  shall  be  distributed  by  the  town  clerk  at  the 
same  time  and  in  the  same  manner  as  are  other  ballots  to  be  voted 
at  a  general  election. 

§  3.  At  the  close  of  the  polls  at  any  such  biennial  town  meet- 
ing and  election  in  any  such  town  the  inspectors  of  election  shall 
proceed  to  canvass  the  votes  for  the  candidates  for  the  several  town 
6ffices,  and  for  and  against  all  town  propositions  duly  submitted  to 
the  voters  of  such  town  in  the  election  districts  where  such  meet- 
ing and  election  was  held,  in  the  same  manner  as  the  votes  for  other 
candidates  and  propositions  cast  at  the  general  election  are  can- 
vassed. The  inspectors  of  election  shall  perform  the  same  duties 
with  respect  to  the  canvass  of  the  vote  and  the  filing  of  the  returns 
thereof  for  such  town  officers,  and  all  other  matters  pertaining  to 
the  determination  of  the  result  of  the  election  as  is  now  provided  by 
law,  with  respect  to  the  canVass  and  return  of  the  votes  cast  for 
other  officers  elected  at  the  general  election  held  at  the  time  of  the 
holding  of  such  town  meeting  and  election.  The  county  board  of 
canvassers  shall  canvass  the  votes  cast  at  any  such  town  meeting 
and  election  for  town  officers  and  propositions  voted  upon  at  any 
such  town  meeting  and  election^  in  the  same  manner  as  is  provided 
by  law  for  the  canvass  of  votes  cast  at  general  elections.  All  pro- 
visions of  law  relating  to  the  canvass  of  votes  cast  at  a  general 
election  by  the  county  board  of  canvassers,  to  the  correction  of 
clerical  errors,  the  review  of  the  determination  by  such  board  of 
canvassers,  and  all  other  matters  pertaining  to  the  canvass  of  the 
votes  cast  at  a  general  election,  shall  be  applicable  to  the  canvass 
of  all  votes  for  such  town  officers  and  propositions.  The  county 
clerk  of  any  such  county  shall  transmit  to  the  clerk  of  each  town 
therein  a  certified  copy  of  the  determination  of  the  county  board 
of  canvassers  as  to  the  election  of  each  own  officer  and  proposition 
voted  for  at  the  town  meeting  and  election  held  in  such  town. 
The  county  clerk  of  any  such  county  shall  transmit  to  each  person 
declared  by  the  board  of  canvassers  thereof  to  be  elected  to  a  town 
office  therein  a  certificate  of  the  determination  of  such  board.  Upon 
the  receipt  by  the  town  clerk  of  a  certified  copy  of  the  certificate  of 
the  determination  of  the  countv  board  of  canvassers  hereinbefore 


428  Town  Meetings. 

mentioned,  the  town  clerk  and  justices  of  the  peace  shall  meet  and 
appoint  in  writing  the  additional  inspectors  of  election  as  required 
by  law.  No  list  of  nominations  of  candidates  for  town  offices  to  be 
filled  at  any  such  biennial  town  meeting  and  election,  or  the  result 
of  the  official  canvass  of  the  votes  cast  thereat,  shall  be  required  to 
be  published.  All  he  provisions  of  the  election  law  not  inconsistent 
with  the  provisions  of  this  act  shall  apply  to  and  govern  town 
meetings  and  elections  held  as  provided  therein.  (Thus  amended 
by  chap.  205,  L.  1900.) 

§  4.  There  shall  be  elected  at  the  town  meeting  and  election  to 
be  held  in  each  town  in  any  such  county  on  the  first  Tuesday  after 
the  first  Monday  in  the  year  eighteen  hundred  and  ninetp-nine,  and 
biennally  thereafter;  one  supervisor,  one  town  clerk,  three  asses- 
sors, one  or  three  commissioners  of  highways,  one  collector,  one  or 
two  overseers  of  the  poor,  not  more  than  five  constables,  and  two 
inspectors  of  election  for  each  election  district,  all  of  whom  shall 
hold  office  for  a  term  of  two  years  beginning  on  the  first  day  of 
January,  nineteen  hundred.  There  shall  also  be  elected  at  such 
town  meeting  and  election  and  biennially  thereafter,  two  justices 
of  the  peace  for  terms  of  four  years,  beginning  on  the  succeeding 
first  day  of  January.  The  collectors  elected  at  such  town  meet- 
ings and  elections  shall  enter  on  the  discharge  of  their  duties 
after  their  predecessors  shall  have  completed  the  duties  of  their 
offices,  in  respect  to  the  collection  of  taxes  and  the  return  thereof, 
as  now  prescribed  by  law. 

§  5.  The  supervisor  in  each  one  of  the  towns  in  any  such  county 
shall,  on  the  last  Tuesday  in  December  of  each  year,  account  with 
the  justice  of  the  peace  and  town  clerk  of  the  town  for  the  disburse- 
ment of  all  moneys  received  by  him.  The  town  board  in  each  of 
such  towns  shall  meet  on  the  last  Tuesday  of  December  of  each 
year  for  the  purpose  of  receiving  the  accounts  of  town  officers. 
The  provisions  of  section  one  hundred  and  sixty-one  of  the  town 
law,  relating  to  the  first  meeting  of  the  town  board,  shall  apply 
to  the  meetings  so  held  in  any  such  town  for  the  receiving  of  ac- 
counts of  town  officers. 

§  6.  This  act  shall  take  effect  immediately. 


Town  Meetings.  428a 

Ctiap.  34. 

AN  ACT  to  provide  for  the  holding  of  town  meetings  and  elec- 
tions in  counties  of  the  state,  having  a  certain  population,  and 
to  fix  the  salaries  of  supervisors  in  any  such  county,  and  to 
regulate  the  powers  of  such  board,  and  to  repeal  certain  acts 
and  parts  of  acts. 

Became  a  law,   February  22,   1901,  with  the  approval   of  the  Governor. 
Passed,  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  i.  The  next  town  meeting  or  election  at  which  town 
officers  shall  be  elected  in  any  county  of  the  state  having  a  popu- 
lation of  over  one  hundred  and  thirty  thousand  and  less  than  one 
hundred  and  fifty  thousand  inhab^^^ants,  according  to  the  federal 
enumeration  next  preceding  the  passage  of  this  act,  held  after  the 
first  Tuesday  of  March,  nineteen  hundred  and  one,  shall  be  held 
on  the  first  Tuesday  after  the  first  Monday  of  November  in  the 
year  nineteen  hundred  and  one,  and  biennially  thereafter  at  the 
same  places  as  general  elections  in  such  towns  are  held.  No 
person  shall  be  entitled  to  vote  at  any  such  town  meeting  and 
election  unless  he  is  registered  and  entitled  to  vote  at  the  general 
election  held  at  the  same  time  that  such  town  meeting  is  held. 
All  elective  town  officers  shall  be  elected  at  such  general  elec- 
tion in  the  same  manner  and  on  the  same  ballot  as  other  officers 
who  may  be  elected  thereat.  Certificates  of  nomination  of  candi- 
dates for  town  office  in  any  such  towns  shall  be  in  duplicate,  one 
of  which  shall  be  filed  with  the  town  clerk  of  the  town,  and  the 
other  with  the  clerk  of  the  county  wherein  such  town  is  located, 
and  if  nominated  by  a  political  party,  at  least  twenty  days  and  not 
more  than  thirty  days  before  such  town  meeting  and  election  is 
held,  or,  if  independent  nominations  at  least  fifteen  days  and  not 
more  than  thirty  days  prior  thereto.  The  ballots  prepared  by  the 
county  clerk  shall  include  the  names  of  all  candidates  nominated 
for  town  offices  in  any  such  towns.  The  county  clerk  shall  appor- 
tion to  and  charge  the  several  towns  in  any  of  such  counties  with 


^428b  Town  Meetings. 

their  respective  proportionate  shares  of  the  expense  of  the  prep- 
aration and  distribution  of  such  ballots. 

§  2.  Ballots  for  the  submission  of  questions  or  propositions  re- 
lating to  town  affairs  shall  be  prepared  and  furnished  at  the  ex- 
pense of  the  town  by  the  clerk  thereof,  as  provided  in  the  election 
law.  Such  ballots  shall  be  distributed  by  the  town  clerk  at  the 
same  time  and  in  the  same  manner  as  are  other  ballots  to  be  voted 
at  a  general  election. 

§  3.  At  the  close  of  the  polls  at  any  such  biennial  town  meeting 
and  election  in  any  such  town  the  inspectors  of  election  shall  pro- 
ceed to  canvass  the  votes  for  the  candidates  for  the  several  town 
offices,  and  for  and  against  all  town  propositions  duly  submitted 
to  the  voters  of  such  town  in  the  election  districts  where  such 
meeting  and  election  was  held,  in  the  same  manner  as  the  votes 
for  other  candidates  and  propositions  cast  at  the  general  election 
are  canvassed.  The  inspectors  of  election  shall  perform  the  same 
duties  with  respect  to  the  canvass  of  the  vote  and  the  filing  of  the 
returns  thereof  for  such  town  officers,  and  all  other  matters  per- 
taining to  the  determination  of  the  result  of  the  election  as  is  now 
provided  by  law,  with  respect  to  the  canvass  and  return  of  the 
votes  cast  for  other  officers  elected  at  the  general  election  held  at 
the  time  of  the  holding  of  such  town  meeting  and  election.  The 
county  board  of  canvassers  shall  canvass  the  votes  cast  at  any 
such  town  meeting  and  election  for  town  officers  and  propositions 
voted  upon  at  any  such  town  meeting  and  election,  in  the  same 
manner  as  is  provided  by  law  for  the  canvass  of  the  votes  cast  at 
a  general  election.  All  provisions  of  law  relating  to  the  canvass 
of  votes  cast  at  a  general  election  by  the  county  board  of  can- 
vassers, to  the  correction  of  clerical  errors,  the  review  of  the  de- 
termination by  such  board  of  canvassers,  and  all  other  matters 
pertaining  to  the  canvass  of  the  votes  cast  at  a  general  election, 
shall  be  applicable  to  the  canvass  of  all  votes  for  such  town  officers 
and  propositions.  The  county  clerk  of  any  such  county  shall 
transmit  to  the  clerk  of  each  town  therein  a  certified  copy  of  the 
determination  of  the  county  board  of  canvassers  as  to  the  election 
of  each  town  officer  and  proposition  voted  for  at  the  town  meet- 


Town  Meetings.  428c 

ing  and  election  held  in  such  town.  The  county  clerk  of  any  such 
county  shall  transmit  to  each  person  declared  by  the  board  of  can- 
vassers thereof  to  be  elected  to  a  town  office  therein,  a  certificate 
of  the  determination  of  such  board.  Upon  the  receipt  by  the  town 
clerk  of  a  certified  copy  of  the  certificate  of  the  determination,  of 
the  county  board  of  canvassers  hereinbefore  mentioned,  the  town 
clerk  and  justices  of  the  peace  shall  meet  and  appoint  in  writing 
the  additional  inspectors  of  election  as  required  by  law.  No  list 
of  nominations  of  candidates  for  town  offices  to  be  filled  at  any 
such  biennial  town  meeting  and  election,  or  the  result  of  the  offi- 
cial canvass  of  the  votes  cast  thereat,  shall  be  required  to  be  pub- 
lished. All  the  provisions  of  the  election  law  not  inconsistent  with 
the  provisions  of  this  act  shall  apply  to  and  govern  town  meetings 
and  elections  held  as  provided  therein. 

§  4.  There  shall  be  elected  at  the  town  meeting  and  election 
to  be  held  in  each  town  in  any  such  county  on  the  first  Tuesday 
after  the  first  Monday  of  November  in  the  year  nineteen  hundred 
and  one,  and  biennially  thereafter:  one  supervisor,  one  town 
clerk,  three  assessors^  one  or  three  commissioners  of  highways, 
one  collector,  one  or  two  overseers  of  the  poor,  not  more  than 
five  constables,  and  two  inspectors  of  election  for  each  election 
district,  all  of  whom  shall  hold  office  for  the  term  of  two  years, 
beginning  on  the  first  day  of  January,  nineteen  hundred  and  two. 
There  shall  also  be  elected  at  such  town  meeting  and  election  and 
biennially  thereafter,  two  justices  of  the  peace  for  terms  of  four 
years,  beginning  on  the  succeeding  first  day  of  January.  The  col- 
lectors elected  at  such  town  meetings  and  elections  shall  enter 
on  the  discharge  of  their  duties  after  their  predecessors  shall  have 
completed  the  duties  of  their  offices,  in  respect  to  the  collection 
of  taxes  and  the  return  thereof,  as  now  prescribed  by  law. 

§  5.  The  supervisor  in  each  one  of  the  towns  in  any  such 
county  shall,  on  the  last  Tuesday  in  December  of  each  year,  ac- 
count with  the  justices  of  the  peace  and  town  clerk  of  the  town 
for  the  disbursement  of  all  moneys  received  by  him.  The  town 
board  in  each  of  such  towns  shall  meet  on  the  last  Tuesday  in 
December  of  each  year  for  the  purpose  of  receiving  the  accounts 


428d  Town  Meetings. 

of  the  town  officers.  The  provisions  of  section  one  hundred  and 
sixty-one  of  the  town  law,  relating  to  the  first  meeting  of  the  town 
board,  shall  apply  to  the  meeting  so  held  in  any  such  town  for 
the  receiving  of  accounts  of  town  officers. 

§  6.  The  members  of  the  board  of  supervisors  of  any  such 
county  shall  receive  an  annual  salary  of  two  hundred  and  fifty 
dollars  for  all  services  rendered  by  them  excepting  such  services 
as  shall  be  a  town  charge.  Each  of  such  supervisors  shall  also 
be  entitled  to  mileage  at  the  rate  of  eight  cents  per  mile  for  once 
going  and  returning  from  his  residence  to  the  place  where  the 
sessions  of  the  board  shall  be  held,  by  the  most  usual  route  for 
each  regular  and  special  session.  Each  supervisor  shall  receive 
for  his  services  in  making  a  copy  of  the  assessment  roll  three 
cents  for  each  written  line  for  the  first  one  hundred  lines,  two 
cents  per  hundred  for  the  second  hundred  written  lines  and  one 
cent  per  line  for  all  written  lines  in  excess  of  two  hundred  and 
one  cent  for  each  line  of  the  tax  roll  actually  extended  by  him. 
No  other  compensation,  fee,  charge,  allowance,  perquisite  or 
emolument  of  any  kind  or  nature  excepting  for  services  which 
are  by  law  a  town  charge,  shall  be  directly  or  indirectly  charged 
or  received  by  any  supervisor,  either  as  a  supervisor  or  as  a  mem- 
ber of  the  board  of  county  canvassers  of  any  such  county,  and 
any  supervisor  who  shall  charge,  receive  or  vote  for  any  allow- 
ance in  violation  of  the  provisions  of  this  or  the  following  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor  and  on  such  con- 
viction shall  forfeit  his  office  and  shall,  in  addition  to  the  punish- 
ment prescribed  by  law  for  misdemeanor,  be  liable  to  a  penalty 
of  two  hundred  and  fifty  dollars. 

§  7.  The  said  board  of  supervisors  of  any  such  county  shall 
during  the  first  fifteen  days  of  the  annual  session,  fix  the  annual 
salary  of  the  clerk  of  said  board,  which  said  salary  shall  not  be 
increased  or  diminished  for  the  term,  and  which  salary  shall  be 
in  full  for  all  services  of  every  name  and  nature  which  said  clerk 
shall  perform  for  said  board  of  supervisors  or  for  an^  such  county 
and  in  full  for  any  and  all  disbursements  and  expenses  of  said 
clerk,  excepting  for  such  disbursements  as  are  made  for  necessary 


Town  Meetings.  428e 

supplies  for  the  use  of  said  board  of  supervisors.  Any  clerk  of 
said  board  of  supervisors  of  any  such  county  who  shall  charge  or 
receive  any  allowance  in  violation  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor  and  on  such  conviction 
shall  forfeit  his  office  and  shall,  in  addition  to  the  punishment  pre- 
scribed by  law  for  misdemeanor,  be  liable  to  a  penalty  of  two 
hundred  and  fifty  dollars. 

§  8.  Nothing  in  this  act  shall  be  so  construed  so  as  to  prevent 
the  holding  of  a  town  meeting  or  election  in  any  of  the  towns  of 
any  such  county  on  the  first  Tuesday  of  March,  nineteen  hundred 
and  one,  as  now  provided  by  law.  No  justice  of  the  peace  or 
collector  shall  be  chosen  at  any  election  held  in  any  such  town 
on  the  first  Tuesday  of  March,  nineteen  hundred  and  one,  ex- 
cept justices  of  the  peace  to  fill  vacancies.  The  supervisor  and  all 
of  the  town  officers  except  justices  of  the  peace  chosen  in  any 
such  town  on  said  first  Tuesday  of  March,  nineteen  hundred  and 
one,  or  at  any  time  prior  to  said  first  Tuesday  of  March,  nine- 
teen hundred  and  one,  shall  hold  office  to  and  including  Decem- 
ber thirty-first,  nineteen  hundred  and  one,  and  their  several  terms 
of  office  except  justices  of  the  peace  shall  cease  and  determine  on 
that  day,  and  their  successors  shall  be  chosen  as  provided  in  sec- 
tion one  of  this  act. 

§  9.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions 
of  this  act,  in  so  far  as  they  relate  to  any  such  county,  are  hereby 
repealed. 

§  10.  Tliis  act  shall  take  effect  immediately. 


428f  Qualification  of  Town  Officers, 

Chap.  174. 

AN  ACT  to  provide  for  the  holding  of  town  meetings  and  elec- 
tions in  counties  of  the  state,  having  a  certain  population. 

Became   a   law,    March   22,    1901,    with   the   approval    of  the    Governor. 
Passed,  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  i.  The  town  meetings  to  be  held  in  any  county  of  the 
state,  having  a  population  of  more  than  one  hundred  and  twenty 
thousand  and  less  than  one  hundred  and  thirty  thousand  inhabi- 
tants, according  to  the  federal  enumeration  next  preceding  the 
passage  of  this  act,  on  the  first  Tuesday  after  the  first  Monday 
of  November  in  the  year  nineteen  hundred  and  one,  and  biennially 
thereafter,  shall  be  held  at  the  same  time  and  place  at  which  the 
general  election  in  such  towns  are  held.  No  person  shall  be  en- 
titled to  vote  at  any  such  town  meeting  and  general  election  un- 
less he  is  registered  and  entitled  to  vote  at  the  general  election  held 
at  the  same  time  that  such  town  meeting  is  held.  All  elective 
town  officers  shall  be  elected  at  such  general  election  in  the  same 
manner  and  on  the  same  ballot  as  other  officers  who  may  be 
elected  thereat.  The  names  of  the  nominees  of  each  party  or  in- 
dependent body  for  town  officers  shall  be  printed  in  said  party's 
column  or  the  column  for  independent  nominations,  after  the 
names  for  the  nominees  for  general  officers.  Certificates  of  nomi- 
nation of  candidates  for  town  offices  in  any  such  towns  shall  be 
filed  with  the  clerk  of  the  county,  and  the  time  for  filing  any  certifi- 
cate of  nomination  shall  be  the  same  as  is  prescribed  in  the  elec- 
tion law  for  filing  other  certificates  of  nominations  with  a  county 
clerk.  The  ballots  prepared  by  the  county  cerk  shall  include  the 
names  of  all  candidates  nominated  for  town  offices  in  any  such 
towns.  If  any  town  propositions  or  questions  may  lawfully  be 
voted  upon  at  a  town  meeting  held  on  general  election  day,  an 
additional  ballot  box  shall  be  provided  marked  "  box  for  town 
propositions,"  in  which  shall  be  deposited  the  ballots  cast  on  town 
propositions  or  questions. 


Qualification  of  Town  Officers.  428g 

§  2.  The  county  clerk  shall  provide  all  ballots  for  the  submis- 
sion of  town  propositions  or  questions.  The  expense  of  printing 
and  delivering  the  offtcial  ballots,  sample  ballots  and  cards  of  in- 
struction, poll  books,  tally  sheets  for  inspectors  and  ballot  clerks, 
and  distance  markers  to  be  used  at  a  general  election  in  any  such 
town,  and  of  printing  the  lists  of  nominations  therefor,  if  the 
town  meeting  be  held  at  the  same  time  therewith,  shall  be  ap- 
portioned by  the  county  clerk  between  such  town  and  the  county 
in  the  proportion  of  the  number  of  candidates  for  town  offices  on 
such  ballots  respectively  to  the  whole  number  of  candidates 
thereon  and  the  amount  of  such  expense  so  apportioned  respec- 
tively to  such  town  and  the  county  and  shall  be  a  charge  thereon. 
The  expense  of  preparing  and  furnishing  the  official  ballots  and 
sample  ballots  for  the  submission  of  town  propositions  or  ques- 
tions shall  be  a  charge  upon  the  town  for  which  said  ballots  are 
furnished.  The  county  clerk  shall  also  furnish  inspectors'  and 
ballot  clerks'  return  sheets  for  making  the  returns  of  the  elec- 
tion of  town  officers  and  of  the  vote  on  town  propositions  or 
questions,  and  stationery  and  supplies  which  are  usually  pro- 
vided by  the  town  clerk  for  town  meetings  held  at  other  times 
than  on  a  general  election  day.  The  county  clerk  of  each  county 
not  salaried  shall  be  paid  by  such  county  a  reasonable  compen- 
sation for  his  services  in  carrying  out  the  provisions  of  this  chap- 
ter, to  be  fixed  by  the  board  of  supervisors  of  the  county. 

§  3.  At  the  close  of  the  polls  at  any  such  biennial  town  meet- 
ing and  election  in  any  such  town  the  inspectors  of  election 
shall  proceed  to  canvass  the  votes  for  the  candidates  for  the 
several  town  offices,  and  for  and  against  all  town  propositions 
duly  submitted  to  the  voters  of  such  town  in  the  election  districts 
where  such  meeting  and  election  was  held,  in  the  same  manner 
as  the  votes  for  other  candidates  and  propositions  cast  at  the  gen- 
eral election  are  canvassed.  The  inspectors  of  election  shall  per- 
form the  same  duties  with  respect  to  the  canvass  of  the  vote  and 
the  filing  of  the  returns  thereof  for  such  town  officers,  and  all 
other  matters  pertaining  to  the  determination  of  the  result  of  the 
election  as  is  now  provided  by  law,  with  respect  to  the  canvass 


428h  Qualification  of  Town  Officers. 

and  return  of  the  votes  cast  for  other  officers  elected  at  the  general 
election  held  at  the  time  of  the  holding  of  such  town  meeting  and 
election.     Tlie  county  board  of  canvassers  shall  canvass  the  vote 
cast  at  any  such  town  meeting  and  election  for  town  officers  and 
propositions  voted  upon  at  any  such  town  meeting  and  election, 
in  the  same  manner  as  is  provided  by  law  for  the  canvass  of  the 
votes  cast  at  a  general  election.     All  previsions  of  law    elating  to 
the  canvass  of  votes  cast  at  a  general  election  by  the  county  board 
of  canvassers,  to  the  correction  of  clerical  errors,  the  review  of 
the  determination  by  such  board  o'  canvassers,  and  all  other  mat- 
ters pertaining  to  the  canvass  of  the  votes  cast  at  a  general  elec- 
tion, shall  be  applicable  to  the  canvass  of  all  votes  for  such  town 
officers  and  propositions.     The  county  clerk  of  any  such  county 
shall  transmit  to  the  clerk  of  each  town  therein  a  certified  copy 
of  the  determination  of  the  county  board  of  canvassers  as  to  the 
election  of  each  town  officer  and  proposition  voted  for  at  the  town 
meeting  and  election  held  in  such  town.     The  county  clerk  of 
any  such  county  shall  transmit  to  each  person  declared  by  the 
board  of  canvassers  thereof  to  be  elected  to  a  town  office  therein, 
a  certificate  of  the  determination  of  such  board.     Upon  the  re- 
ceipt by  the  town  clerk  of  a  certified  copy  of  the  certificate  of  the 
determination,  of  the  county  board  of  canvassers    hereinbefore 
mentioned,  the  town  clerk  and  the  justices  of  the  peace  shall  meet 
and  appoint  in  writing  the  additional  inspectors  of  election  as  re- 
quired by  law.     No  list  of  nominations  of  candidates  for  town 
offices  to  be  filled  at  any  such  biennial  town  meeting  and  election, 
or  the  result  of  the  official  canvass  of  the  vote  cast  thereat,  shall 
be  required  to  be  published.     All  the  provisions  of  the  election 
law  not  inconsistent  with  the  provisions  of  this  act  shall  apply 
to  and  govern  town  meetings  and    elections    held   as    provided 
therein. 

§  4.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions 
of  this  act,  in  so  far  as  they  relate  to  any  such  county,  are  hereby 
repealed. 

§  5.  This  act  shall  take  effect  immediate^ 


Town  Meetings.  4281 


Chap.  10. 

AN  ACT  to  provide  for  the  holding  of  town  meetings  and  elec- 
tions in  counties  of  the  state  having  a  certain  population. 

Became   a   law,   February   4,    1902,    with    the    approval    of  the  Governor. 
Passed,  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  i.  The  next  town  meeting  at  which  town  officers  shall 
be  elected  in  any  county  of  the  state  having  a  population  of  over 
four  hundred  thousand  inhabitants  and  less  than  six  hundred 
thousand  inhabitants,  according  to  the  last  federal  enumeration, 
shall  be  held  on  the  first  Tuesday  after  the  first  Monday  in 
November  in  the  year  nineteen  hundred  and  three  and  biennially 
thereafter,  at  the  same  places  as  general  elections  in  such  towns 
are  held.  No  person  shall  be  entitled  to  vote  at  any  such  town 
meeting  or  election  unless  he  is  registered  and  entitled  to  vote 
at  the  general  election  held  at  the  same  time  that  such  town 
meeting  is  held.  All  elective  town  officers  shall  be  elected  at 
such  general  election  in  the  same  manner  and  on  the  same  bal- 
lot as  other  officers  who  may  be  elected  thereat.  Certificates 
of  nomination  of  candidates  for  a  town  office  in  any  such  towns 
shall  be  in  duplicate,  one  of  which  shall  be  filed  with  the  town 
clerk  of  the  town,  and  the  other  with  the  clerk  of  the  county 
wherein  such  town  is  located,  and  if  nominated  by  a  political 
party,  at  least  twenty  days  and  not  more  than  thirty  days  before 
such  town  meeting  and  election  is  held,  or,  if  independent  nom- 
inations, at  least  fifteen  days  and  not  more  than  thirty  days 
prior  thereto.  The  ballots  prepared  by  the  county  clerk  shall 
include  the  names  of  all  candidates  nominated  for  town  officers 
in  any  such  towns.  The  county  clerk  shall  apportion  to  and 
charge  the  several  towns  in  any  of  such  counties  with  their 
respective  proportionate  shares  of  the  expenses  of  the  prepara- 
tion and  distribution  of  such  ballots. 

§  2.  Ballots  for  the  submission  of  questions  or  propositions 
relating  to  town  afifairs  shall  be  prepared  and  furnished  at  the 
expense  of  the  town  by  the  clerk  thereof,  as  provided  in  the 
election  law.  Such  ballots  shall  be  distributed  by  the  town 
clerk  at  the  same  time  and  in  the  same  manner  as  are  other 
ballots  to  be  voted  at  a  general  election.  An  additional  ballot 
box  shall  be  provided,  marked  "  box  for  town  propositions,"  in 


428 j  Town  Meetings. 

which  shall  be  deposited  the  ballots  cast  on  town  propositions 
or  questions. 

§  3.  At  the  close  of  the  polls  at  any  such  biennial  town  meet- 
ing and  election  in  any  such  town  the  inspectors  of  election 
shall  proceed  to  canvass  the  votes  for  the  candidates  for  the 
several  town  offices,  and  for  and  against  all  town  propositions 
duly  submitted  to  the  voters  of  such  town  in  the  election  dis- 
tricts where  such  meeting  and  election  was  held,  in  the  same 
manner  as  the  votes  for  other  candidates  and  propositions  cast 
at  the  general  election  are  canvassed.  The  inspectors  of  elec- 
tion shall  perform  the  same  duties  with  respect  to  the  canvass 
of  the  vote  and  the  filing  of  the  returns  thereof  for  such  town 
officers,  and  all  other  matters  pertaining  to  the  determination 
of  the  result  of  the  election  as  is  now  provided  by  law,  with 
respect  to  the  canvass  of  the  votes  cast  at  a  general  election. 
All  provisions  of  law  relating  to  the  canvass  of  votes  cast  at  4 
general  election  by  the  county  board  of  canvassers,  to  the  cor- 
rection of  clerical  errors,  the  review  of  the  determination  by 
such  board  of  canvassers,  and  all  other  matters  pertaining  to 
the  canvass  of  the  votes  cast  at  a  general  election,  shall  be 
applicable  to  the  canvass  of  all  votes  for  such  town  officers  and 
propositions.  The  county  clerk  of  any  such  county  shall  trans- 
mit to  the  clerk  of  each  town  therein  a  certified  copy  of  the 
determination  of  the  county  board  of  canvassers  as  to  the  elec- 
tion of  each  town  officer  and  proposition  voted  for  at  the  town 
meeting  and  election  held  in  such  town.  The  county  clerk 
of  any  such  county  shall  transmit  to  each  person  declared  by 
the  board  of  canvassers  thereof  to  be  elected  to  a  town  office 
therein,  a  certificate  of  the  determination  of  such  board.  No 
list  of  nominations  of  candidates  for  town  officers  to  be  filled 
at  any  such  biennial  town  meeting  and  election,  or  the  result 
of  the  official  canvass  of  the  vote  cast  thereat,  shall  be  required 
to  be  published.  All  the  provisions  of  the  election  law  not  in- 
consistent with  the  provisions  of  this  act  shall  apply  to  and 
govern  town  meetings  and  elections  held  as  provided  herein. 

§  4.  There  shall  be  elected  at  the  town  meeting  and  election 
to  be  held  in  each  town  in  any  such  county  on  the  first  Tuesday 
after  the  first  Monday  of  November,  in  the  year  nineteen  hun- 
dred and  three,  and  biennially  thereafter,  one  supervisor,  one 
town  clerk,  three  assessors,  one  or  three  commissioners  of  high- 
ways, one  collector,  one  or  two  overseers  of  the  poor  and  not 
more  than  five  constables.  The  persons  first  elected  to  the 
various  offices  above  mentioned  shall  enter  upon  the  discharge 
of  their  duties  at  the  expiration  of  the  term  of  their  predeces- 
sors, and  serve  until  and  including  December  thirty-first,  nine- 


Town  Meetings.  428k 

teen  hundred  and  five.  Their  successors  shall  be  elected  at  the 
biennial  election  and  town  meeting  held  in  nineteen  hundred 
and  five  and  biennially  thereafter,  for  the  term  of  two  years 
commencing  on  the  first  day  of  January,  succeeding  their  elec- 
tion. There  shall  also  be  elected  at  such  town  meeting  and 
election  and  biennially  thereafter,  two  justices  of  the  peace  for 
terms  of  four  years,  beginning  on  the  succeeding  first  day  of 
January.  The  collectors  elected  at  such  town  meetings  and 
elections  shall  enter  upon  the  discharge  of  their  duties  after 
their  predecessors  have  completed  the  duties  of  their  ofifices,  in 
respect  to  the  collection  of  taxes  and  returns  thereof,  as  now 
prescribed  by  law. 

§  5.  Nothing  in  this  act  shall  be  deemed  to  supersede  or  re- 
peal any  provision  of  chapter  eight  hundred  and  sixteen  of  the 
laws  of  eighteen  hundred  and  ninety-five  or  chapter  six  hundred 
and  sixty-three  of  the  laws  of  nineteen  hundred  and  one  or  any 
amendments  to  either  of  such  laws. 

§  6.  This  act  shall  take  effect  immediately. 


4281  Town  Meetings. 


Cbiap.  239. 

AN  ACT  to  provide  for  the  holding  of  town  meetings  and  elec- 
tions in  counties  of  the  state  having  a  certain  population. 

Became  a  law,  March  26,  1902,  with  the  approval  of  the  Governor.    Passed^ 

three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Asseynbly,  do  enact  as  follows: 

Section  i.  The  next  town  meeting  at  which  town  officers  shall 
be  elected  in  any  county  of  the  state  having  a  population  of  over 
seventy-one  thousand  inhabitants  and  less  than  seventy-five 
thousand  inhabitants,  according  to  the  last  federal  enumeration, 
shall  be  held  on  the  first  Tuesday  after  the  first  Monday  in 
November  in  the  year  nineteen  hundred  and  three  and  biennially 
thereafter,  at  the  same  places  as  general  elections  in  such  towns 
are  held.  No  person  shall  be  entitled  to  vote  at  any  such  town 
meeting  or  election  unless  he  is  registered  and  entitled  to  vote 
at  the  general  election  held  at  the  same  time  that  such  town 
meeting  is  held.  All  elective  town  officers  shall  be  elected  at 
such  general  election  in  the  same  manner  and  on  the  same  bal- 
lot as  other  officers  who  may  be  elected  thereat.  Certificates 
of  nomination  of  candidates  for  a  town  office  in  any  such  towns 
shall  be  in  duplicate,  one  of  which  shall  be  filed  with  the  town 
clerk  of  the  town,  and  the  other  with  the  clerk  of  the  county 
wherein  such  town  is  located,  and  if  nominated  by  a  political 
party,  at  least  twenty  days  and  not  more  than  thirty  days  before 
such  town  meeting  and  election  is  held,  or,  if  independent 
nominations,  at  least  fifteen  days  and  not  more  than  thirty 
days  prior  thereto.  The  ballots  prepared  by  the  county  clerk 
shall  include  the  names  of  all  candidates  nominated  for  town 
officers  in  any  such  towns.  The  county  clerk  shall  apportion 
to  and  charge  the  several  towns  in  any  of  such  counties  with 
their  respective  proportionate  shares  of  the  expenses  of  the 
preparation  and  distribution  of  such  ballots. 

§  2.  Ballots  for  the  submission  of  questions  or  propositions 
relating  to  town  affairs  shall  be  prepared  and  furnished  at  the 
expense  of  the  town  by  the  clerk  thereof,  as  provided  in  the 
election  law.  Such  ballots  shall  be  distributed  by  the  town 
clerk  at  the  same  time  and  in  the  same  manner  as  are  other 
ballots  to  be  voted  at  a  general  election.  An  additional  ballot 
box  shall  be  provided,  marked  "  box  for  town  propositions,"  in 


Town  Meetings.  428m 

which  shall  be  deposited  the  ballots  cast  on  town  propositions 
or  questions. 

§  3.  At  the  close  of  the  polls  at  any  such  biennial  town  meet- 
ing and  election  in  any  such  town  the  inspectors  of  election 
shall  proceed  to  canvass  the  votes  for  the  candidates  for  the 
several  town  offices,  and  for  and  against  all  town  propositions 
duly  submitted  to  the  voters  of  such  town  in  the  election  dis- 
tricts where  such  meeting  and  election  was  held,  in  the  same 
manner  as  the  votes  for  other  candidates  and  propositions  cast 
at  the  general  election  are  canvassed.  The  inspectors  of  elec- 
tion shall  perform  the  same  duties  with  respect  to  tfie  canvass 
of  the  vote  and  the  filing  of  the  returns  thereof  for  such  town 
officers,  and  all  other  matters  pertaining  to  the  determination 
of  the  result  of  the  election  as  is  now  provided  by  law,  with 
respect  to  the  canvass  of  the  votes  cast  at  a  general  election. 
All  provisions  of  law  relating  to  the  canvass  of  votes  cast  at  a 
general  election  by  the  county  board  of  canvassers,  to  the  cor- 
rection of  clerical  errors,  the  review  of  the  determination  by 
such  board  of  canvassers,  and  all  other  matters  pertaining  to 
the  canvass  of  the  votes  cast  at  a  general  election,  shall  be 
applicable  to  the  canvass  of  all  votes  for  such  town  officers  and 
propositions.  The  county  clerk  of  any  such  county  shall  trans- 
mit to  the  clerk  of  each  town  therein  a  certified  copy  of  the  de- 
termination of  the  county  board  of  canvassers  as  to  the  elec- 
tion of  each  town  officer  and  proposition  voted  for  at  the  town 
meeting  and  election  held  in  such  town.  The  county  clerk  of 
any  such  county  shall  transmit  to  each  person  declared  by  the 
board  of  canvassers  thereof  to  be  elected  to  a  town  office  therein, 
a  certificate  of  the  determination  of  such  board.  No  list  of 
nominations  of  candidates  for  town  offices  to  be  filled  at  any 
such  biennial  town  meeting  and  election,  or  the  result  of  the 
official  canvass  of  the  vote  cast  thereat,  shall  be  required  to  be 
published.  All  the  provisions  of  the  election  law  not  incon- 
sistent with  the  provisions  of  this  act  shall  apply  to  and  govern 
town  meetings  and  elections  held  as  provided  herein. 

§  4.  There  shall  be  elected  at  the  town  meeting  and  election 
to  be  held  in  each  town  in  any  such  county  on  the  first  Tuesday 
after  the  first  Monday  of  November,  in  the  year  nineteen  hun- 
dred and  three,  and  biennially  thereafter,  one  supervisor,  one 
town  clerk,  three  assessors,  one  or  three  commissioners  of  high- 
ways, one  collector,  one  or  two  overseers  of  the  poor  and  not 
more  than  five  constables.  The  persons  first  elected  to  the 
various  offices  above  mentioned  shall  enter  upon  the  discharge 
of  their  duties  on  the  first  day  of  January,  nineteen  hundred  and 
four,  and  serve  until  and  including  December  thirty-first,  nine- 


428n  Town  Meetings. 

teen  hundred  and  five.  Their  successors  shall  be  elected  at 
the  biennial  election  and  town  meeting  held  in  nineteen  hun- 
dred and  five  and  biennially  thereafter,  for  the  term  of  two 
years  commencing  on  the  first  day  of  January,  succeeding  their 
election.  There  shall  also  be  elected  at  such  town  meeting  and 
election  and  biennially  thereafter,  two  justices  of  the  peace  for 
terms  of  four  vears,  beginning  on  the  succeeding  first  day  of 
Januarv.  The  collectors  elected  at  such  town  meetings  and 
elections  shall  enter  upon  the  discharge  of  their  duties  after 
their  predecessors  have  completed  the  duties  of  their  offices,  in 
respect  to  the  collection  of  taxes  and  returns  thereof,  as  now 
prescribed  by  law. 

§  5.  This  act  shall  take  effect  immediately. 


Village  Officers  and  Elections. 


Article  II  of  Chapter  414,  Laws  of  1897. 

OFFICERS  AND  ELECTIONS. 

Section  40.  Classification  of  villages. 

41.  Qualification  of  voters. 

42.  Eligibility  to  office. 

43.  List  of  village  officers;  official  year;  mode  of  choOfi« 

ing;  terms  of  office. 

44.  Number  of  trustees. 

45.  Changing  number  of  trustees. 

46.  Readjustment  of  terms  of  trustees. 

47.  Determination  of  future  number  of  trustees. 

48.  Abolition  of  existing  wards  or  districts. 

49.  Election  of  trustees  by  wards. 

50.  Election  of  police  justice. 

51.  Election  of  assessors. 

52.  Election  districts. 

53.  Officers  to  be  elected  at  annual  election. 

54.  Inspectors  of  election. 

55.  Annual  elections. 

56.  Canvass  of  annual  election. 

57.  Failure  to  designate  terms. 

58.  Special  elections  of  officers. 

59.  Submission  of  propositions;   special  elections. 

60.  Votes  upon  propositions  to  be  by  ballot. 

61.  Official  undertakings. 

62.  Notice  to  person  chosen  to  a  village  office. 

63.  Resignations  and  removals. 

64.  Filling  of  vacancies. 

65.  Refusal  of  officer  to  surrender  office. 

66.  Separate  boards  of  commissioners. 
(yj.  Municipal  boards,  consolidation. 

68.  Continuance  of  separate  boards. 

69.  Continuance  of  municipal  board. 

70.  Abolition  of  separate  or  municipal  boards. 

71.  Books  and  papers  to  be  open  to  inspection. 

72.  Transfer  of  funds  and  records. 


430  Village  Officers  and  Elections. 

Section  40.  Classification  of  villages.— Villages  are  divided 
into  classes  according  to  their  population  as  shown  by  the  latest 
village  enumeration  as  follows: 

First  class. — Villages  containing  a  population  of  five  thousand 
or  more. 

Second  class. — Villages  containing  a  population  of  three  thou- 
sand and  less  than  five  thousand. 

Third  class. — Villages  containing  a  population  of  one  thousand 
and  less  than  three  thousand. 

Fourth  class. — Villages  containing  a  population  of  less  than  one 
thousand. 

§  41.  Qualification  of  voters.^ — A  voter  at  a  village  election, 
other  than  the  first,  must  possess  the  following  qualifications: 

1.  To  entith  him  to  vote  for  an  officer,  he  must  be  qualified  to 
vote  at  a  town  meeting  of  the  town  in  which  he  resides,  and  must 
have  resided  in  the  village  thirty  days  next  preceding  such  elec- 
tion. 

2.  To  entitle  him  to  vote  upon  a  proposition,  he  must  be  enti- 
tled to  vote  for  an  officer,  and  he  or  his  wife  must  also  be  the 
owner  of  property  in  the  village  assessed  upon  the  last  preceding 
assessment-roll  thereof.  A  woman  who  possesses  the  qualifica- 
tions to  vote  for  village  officers,  except  the  qualification  of  sex, 
who  is  the  owner  of  property  in  the  village  assessed  upon  the  last 
preceding  assessment-roll  thereof,  is  entitled  to  vote  upon  a  propo- 
sition to  raise  money  by  tax  or  assessment.  {Thus  amended  by 
chap.  509,  L.  1 90 1.) 

§  42,  Eligibility  to  office. — ^A  president  or  trustee,  or  a  fire, 
water,  light,  sewer  or  cemetery  commissioner  must,  at  the  time  of 
his  election  and  during  his  term,  be  the  owner  of  property  assessed 
upon  the  last  preceding  assessment-roll  of  the  village;  except  that 
a  president  or  trustee  elected  at  the  first  village  election,  must  be 
the  owner  of  property  assessed  upon  the  last  preceding  town 
assessment-roll.  Any  resident  elector  is  eligible  to  any  other 
village  office. 

A  resident  woman,  who  is  a  citizen  of  the  United  States,  and  of 
the  age  of  twenty-one  years,  is  eligible  to  the  office  of  village  clerk 
or  deputy  clerk.  A  person  shall  not  hold  two  village  offices  at 
the  same  time,  except  the  offices  of  collector  and  police  constable, 
or  water  and  light  commissioner. 


Village  Officers  and  Elections.  431 

§  43.  List  of  village  officers ;  mode  of  choosing;  official 
year;  terms  of  office. — Every  village  shall  have  a  president,  not 
less  than  two  trustees,  a  treasurer,  a  clerk  and  a  street  commis- 
sioner. Except  as  herein  provided,  every  village  shall  also  have 
a  collector,  but  a  village  of  the  first  class  may,  upon  the  adoption 
of  a  proposition  therefor  at  a  special  election,  determine  that  no 
collector  shall  thereafter  be  elected  therein.  A  village  of  the  first 
or  second  class  may  also  have  a  deputy  clerk,  and  any  village  may 
have  a  village  engineer. 

There  shall  be  a  board  of  health  in  each  village,  consisting  of 
not  less  than  three  nor  more  than  seven  persons,  appointed  by  the 
board  of  trustees  of  such  village,  in  the  manner  provided  by  article 
two  of  the  public  health  law.  The  president,  trustees,  treasurer, 
collector,  police  justice,  and  assessors  shall  be  elective  officers, 
except  that  in  a  village  of  the  first  or  second  class  the  treasurer 
may  be  appointed,  upon  the  adoption  of  a  proposition  therefor  at 
a  village  election.  All  other  village  ofificers  shall  be  appointed  by 
the  board  of  trustees,  except  as  otherwise  provided  herein.  In  all 
villages  the  offices  of  clerk  and  street  commissioners  may  be  elec- 
tive, upon  the  adoption  of  a  proposition  therefor  at  a  village  elec- 
tion, and  after  the  adoption  o;  such  a  proposition,  a  proposition 
may  be  submitted  for  the  appointment  of  such  officers,  at  any  sub- 
sequent village  election.  After  :;  proposition  has  been  adopted 
changing  the  method  of  filling  sucji  offices,  another  proposition 
changing  such  method  shall  not  be  submitted  until  after  a  period 
of  two  years  from  the  adoption  of  such  prior  proposition. 

An  "  official  year  "  begins  at  noon  on  the  first  Monday  after  the 
third  Tuesday  of  March,  and  ends  at  noon  on  the  same  Monday 
in  the  next  calendar  year. 

The  term  of  office  of  the  president,  treasurer,  collector,  clerk, 
street  commissioner  and  inspectors  of  election  shall  be  one  official 
year;  of  each  trustee  elected  for  a  full  term,  two  official  years,  and 
of  a  police  justice,  four  calendar  years. 

The  term  of  each  village  officer,  except  police  justice,  begins  at 
noon  on  the  first  Monday  after  the  annual  election.  A  full  term 
of  the  police  justice  begins  on  the  first  day  of  January  succeeding 
the  annual  election  at  which  he  was  elected. 

After  the  first  election  in  a  village  subject  to  the  provisions  of 
this  chapter  one-half  of  the  trustees  shall  be  elected  each  year  for 
a  full  term     (Thus  amended  by  chap,  155,  L.  1901.) 


^^2  Village  Officers  and  Elections. 

§  44.  Number  of  trustees.— Villages  in  the  several  classes  shall 
elect  trustees  as  {ollows: 

1.  In  the  first  class,  not  less  than  two  nor  more  than  eight. 

2.  In  the  stcond  class,  not  less  than  two  nor  more  than  six. 

3.  In  the  third  class,  two  or  four. 

4.  In  the  fourth  class,  two. 

Each  village  sh^ll  always  have  an  even  number  of  trustees. 
§  45.  Changing  number  of  trustees.— Within  the  limitations 
herein  prescribed,  the  number  of  trustees  may  be  changed  by 
adopting  a  proposition  therefor  at  a  special  election.  If  the  num- 
ber be  increased,  the  additional  trustees  shall  be  elected  at  the 
next  annual  election.  One-half  of  the  additional  trustees  shall  be 
elected  for  one  year  and  one-half  for  two  years.  If  the  number  of 
trustees  be  reduced,  such  reduction  shall  not  take  efifect  until  the 
expiration  of  the  terms  of  the  trustees  then  in  office. 

§  46.  Readjustment  of  terms  of  trustees.— The  terms  of  the 
trustees  in  office  at  noon  on  the  Monday  next  following  the  date 
of  the  annual  election  in  the  year  eighteen  hundred  and  ninety- 
eight  shall  then  expire.  At  such  election  the  whole  number  of 
trustees  which  the  village  is  authorized  to  choose  shall  be  elected, 
one-half  for  one  year  and  one-half  for  two  years.  This  section 
does  not  apply  to  villages  hereafter  incorporated,  and  in  which  an 
election  of  officers  is  held  subsequent  to  September  thirtieth,  eigh- 
teen hundred  and  ninety-seven,  and  prior  to  the  third  Tuesday  of 
Afarch,  eighteen  hundred  and  ninety-eight. 

§  47.  Determination  of  future  number  of  trustees.— If  when 
this  chapter  takes  effect  a  village  not  in  the  fourth  class  has  a 
greater  or  a  less  number  of  trustees  than  the  number  to  which  it 
is  or  may  be  entitled,  a  special  election  may  be  held  therein  prior 
to  March  first,  eighteen  hundred  and  ninety-eight,  to  determine 
the  number  of  trustees  to  be  thereafter  elected,  within  the  limita- 
tions herein  prescribed. 

Such  special  election  shall  only  be  held  upon  the  petition  of 
twenty-five  electors  qualified  to  vote  upon  a  proposition;  and  if 
it  be  not  held,  such  village  shall  only  elect  two  trustees  at  the  an- 


ViLLAGK    OtKIC.RS    AN1>    ELECTIONS.  ^^-j 

nual  election  in  eighteen  hundred  and  ninety-eight,  one  of  wliom 
shall  be  elected  for  a  term  of  one  year  and  one  for  two  years. 

§  48.  Abolition  of  existing  wards  or  districts.— All  divisions 
of  villages  into  districts,  subdivisions  or  wards,  for  the  purpose  of 
electing  trustees,  made  under  a  general  law  and  in  force  when  this 
chapter  takes  effect,  are  abolished. 

§  49.  Election  of  trustees  by  wards. — A  village  of  the  first 
class  or  second  class  may  elect  trustees  by  wards  upon  the  adop- 
tion of  a  proposition  therefor  at  a  special  election.  If  such  a 
proposition  be  adopted,  the  board  of  trustees  shall  meet  within 
twenty  days  thereafter  and  divide  the  village  into  wards  of  a 
number  equal  to  one-half  of  the  number  of  trustees  which  the 
village  has  a  right  to  elect.  Such  wards  shall  contain  a  popula- 
tion as  nearly  equal  as  may  be,  and  be  of  convenient  and  con- 
tiguous territory,  in  as  compact  form  as  practicable.  The  board 
of  trustees  shall  make  a  certificate  of  such  division,  which  shall 
contain  a  description  of  each  ward,  and  shall  file  the  same  in  the 
office  of  the  village  clerk,  and  publish  it  in  each  newspaper  pub- 
lished in  the  village,  at  least  twenty  days  before  the  next  annual 
election.  One  trustee  shall  thereafter  be  elected  annually  in  each 
ward,  for  a  full  term. 

If  after  such  a  division  into  wards,  the  number  of  trustees  in 
the  village  be  changed,  the  board  of  trustees  shall,  in  like  man- 
ner, make  a  new  division  into  wards.  (Thus  amended  by  chap. 
290,  L.  1905,  in  effect  April  22,  1905.) 

§  50.  Election  of  police  justice-— The  office  of  police  justice  is 
continued  in  every  village  in  which  it  is  now  established.  A  vil* 
lage  may  establish  the  office  of  police  justice  by  adopting  a  propo- 
sition therefor.  A  village,  in  which  the  office  of  police  justice  has 
been  established,  may  abolish  such  office  at  an  annual  election, 
to  take  effect  upon  the  expiration  of  the  term  of  the  police  justice 
then  in  office. 

§  51-  Election  of  assessors. —The  board  of  trustees  shall  act  as 
assessors  of  the  village,  or  may  appoint  of  their  number  a  com- 
mittee for  that  purpose,  unless  separate  assessors  are  appointed 
or  elected  as  provided  by  th-is  section.     If  twenty-five  electors 


.-,.  Village  Officers  and  Elections. 

434 

qualified  to  vote  upon  a  proposition  shall  present  a  petition  to  the 
board  of  trustees  for  the  election  of  separate  assessors,  it  shall 
submit  to  the  next  annual  election  a  proposition  therefor,  and  if 
such  proposition  be  adopted,  shall  appoint  three  persons  to  be 
assessors  of  such  village  for  the  terms  of  one,  two  and  three  years, 
respectively,  and  thereafter  at  each  annual  election,  one  assessor 
shall  be  elected  for  a  full  term  of  three  years.     In  a  village  of  the 
first  or  second  class,  which  now  has  no  separate  assessors,  the 
board  of  trustees  may,  by  resolution,  direct  that  three  assessors 
be  elected  at  the  next  annual  election,  and  they  shall  be  elected 
accordingly  for  the  terms  of  one,  two  and  three  years,  respec- 
tively.    At  each  annual  election  thereafter  one  assessor  shall  be 
elected  for  a  full  term  of  three  years.     A  village  having  separate 
assessors,  when  this  act  took  effect,  either  elective  or  appointive, 
may  continue  to  elect   or   appoint   assessors    until  such  village 
shall  decide  by  a  proposition  submitted  at  an  annual  election  to 
have  the  board  of  trustees,  or  a  committee  thereof,  act  as  as- 
sessors.    If  twenty-five  electors  qualified  to  vote  upon  a  proposi- 
tion, shall  present  a  petition  to  the  board  of  trustees  to  abolish 
separate  assessors,  it  shall  submit  such  proposition  to  the  next 
annual  election,  to  which  it  is  entitled  to  be  submitted  under  this 
act,  and  if  adopted  no  assessors  shall  be  elected  or  appointed, 
except  that  such  village  shall  continue  to  elect  or  appoint  as- 
sessors whose  terms  of  office  shall  expire  with  the  term  of  the 
assessor  then  in  office  having  the  longest  term  to  serve,  after 
which  time,  the  trustees  or  committee  therefrom,  shall  act  as  as- 
sessors.     (Thus  amended  by  chap.  195,  L.  1898.) 

§  52.  Election  districts. — A  village,  containing  not  more  than 
eight  hundred  qualified  electors,  shall  constitute  a  single  election 
district  for  village  elections.  If  at  an  annual  election,  the  number 
of  votes  cast  for  village  officers  shall  exceed  eight  hundred,  the 
board  of  trustees  may  by  resolution,  adopted  at  least  thirty  days 
before  the  next  annual  election,  divide  such  village  into  election 
districts,  containing  not  more  than  eight  hundred  voters.     Such 


■f. 

Village  Offici:i<s  and  Elections.  435 

resolution  shall  specify  the  boundaries  of  each  district,  but  a  ward 
shall  not  be  divided  in  the  formation  thereof,  except  to  make  two 
or  more  election  districts  wholly  within  such  ward.  Such  resolu- 
tion shall  be  published  and  ])Osted  with  a  notice  of  such  election. 

§  53.  Officers  to  be  elected  at  annual  election. —  Elective  offices 
shall  be  filled  at  the  annual  election  next  preceding  the  expira- 
tion of  the  terms  thereof.  If  a  vacancy  in  an  elective  office 
occurs  more  than  ten  days  prior  to  an  annual  election,  at  which  a 
successor  for  a  full  term  is  not  to  be  chosen,  it  shall  be  filled  at 
such  election  for  the  remainder  of  the  unexpired  term. 

§  54.  Inspectors  of  election. —  If  a  village  constitutes  but  one 
election  district,  the  trustees,  president  and  clerk  of  the  village, 
after  the  first  election  of  village  officers,  or  such  of  them  as  are 
in  office  when  an  election  takes  place  shall  be  inspectors  of  elec- 
tion for  the  village,  and  one  or  more  of  them  shall  preside  at  all 
elections.  If  a  trustee,  the  president  or  the  clerk  shall  not  be 
present,  the  electors  may  appoint  a  chairman  to  preside,  who  shall 
have  all  the  powers  of  an  inspector.  If  a  village  is  divided  into 
election  districts,  the  board  of  trustees  shall,  annually,  at  least 
thirty  days  before  the  annual  election,  appoint  two  inspectors  of 
election  for  each  district  to  preside  at  all  village  elections  therein, 
until  their  successors  are  appointed.  Such  inspectors  shall  not 
both  be  chosen  from  the  same  political  party.  The  board  mav 
also  appoint  for  each  district  a  poll  clerk  and  a  ballot  clerk. 
(Amended  by  chap.  100,  L.  1904.) 

§  55.  Annual  elections. —  An  annual  election  shall  be  held  in 
each  village  on  the  third  Tuesday  in  March,  unless  a  town  meet- 
ing of  a  town  in  which  any  part  of  the  village  is  situated,  or  a 
general  election,  shall  be  held  on  such  day,  in  which  case  the 
annual  election  shall  be  held  upon  the  next  day  thereafter.  All 
other  village  elections  are  special  elections.  A  village  of  the 
second,  third  or  fourth  class  may  by  the  adoption  at  an  annual  or 
special  election  of  a  proposition  therefor,  hold  its  annual  election 
on  any  Tuesday  in  June,  unless  a  town  meeting  of  a  town  in  which 
any  part  of  the  village  is  situated,  or  a  general  election,  shall 
be  held  on  such  day,  in  which  case  the  annual  election  shall  be 
held  upon  the  next  day  thereafter.  A  special  election  for  the 
adoption  of  such  a  proposition  may  be  held  at  any  time.  The 
official  year  in  such  village  shall  begin  at  noon  on  the  first  Mon- 
day after  the  said  election.  The  board  of  trustees  or  such  mem- 
bers thereof  as  are  in  office  shall  by  resolution,  adopted  at  least 


436  ^^ILLAOE  Officers  and  Elections. 

ten  days  before  every  village  election,  designate  the  hours  of 
opening  and  closing  the  polls  thereof,  which  shall  include  at  least 
four  consecutive  hours  between  sunrise  and  sunset.    The  resolu- 
tion shall  also  designate  the  place  of  holding  the  election,  or  if 
there  is  more  than  one  election  district  in  the  village,  the  place  of 
holding  the  election  in  each  district.     The  board  or  such  mem- 
bers thereof  as  are  in  office  also  shall,  at  least  ten  days  before  the 
election,  cause  notice  thereof  to  be  published  at  least  once  in  the 
official  paper,  if  such  paper  is  published  in  the  village,  and  a 
printed  copy  thereof  conspicuously  posted  in  at  least  six  public 
places  in  the  village,  specifying  the  time  and  place  or  places,  of 
holding  the  election,  the  hours  of  opening  and  closing  the  polls 
thereof,  the  offices,  if  any,  and  the  term  to  be  filled,  and  setting 
forth  in  full  all  propositions  to  be  voted  upon.     If  the  board  or 
such  members  thereof  as  are  in  office  neglects  to  appoint  the 
place  or  places  for  the  annual  election,  the  election  shall  be  held 
at  the  place  or  places  of  the  last  preceding  annual  election,  and 
if  it  neglects  to  appoint  the  hours  of  opening  and  closing  the  polls 
thereof,  such  hours  shall  be  the  same  as  at  the  last  preceding  an- 
nual election.    An  annual  election  of  the  village  officers  shall  not 
be  invalid  because  of  a  failure  to  give  such  notice.     A  vote  upon 
a  proposition  shall  be  void  unless  due  notice  of  the  election  has 
been  given.     If  a  village,  constituting  a  single  election  district, 
is  divided  into  wards  and  elects  trustees  by  wards,  separate  ballot 
boxes  shall  be  provided  for  each  ward,  and  the  ballots  of  the 
electors   residing  therein   shall  be  deposited   in   the  ballot  box 
designated  for  such  ward.     (Amended  by  chaps.  100  and  231  of 
L.  1904,  and  chap.  290,  L.  1905,  in  effect  April  22,  1905.) 

§  56.  Canvass  of  annual  election. —  The  inspectors  of  election 
of  each  election  district  shall,  immediately  upon  the  closing  of  the 
polls  of  each  annual  election,  proceed  to  canvass  the  votes  cast 
thereat,  and  shall  complete  such  canvass  without  adjournment. 
They  shall,  before  nine  o'clock  in  the  forenoon  of  the  following 
day,  file  with  the  village  clerk  their  certificate  setting  forth  the 
holding  of  the  election,  the  total  number  of  votes  cast  for  each 
office,  the  number  of  votes  cast  for  each  person  for  such  office,  the 
total  number  of  votes  cast  upon  each  proposition  voted  upon,  and 
the  number  cast  for  and  against  it.  If  the  village  contains  more 
than  one  election  district,  the  board  of  trustees  of  such  village 


Village  Officers  and  Elections. 


437 


shall  meet  at  its  usual  place  of  meeting,  at  nine  o'clock  in  the  fore- 
noon of  the  next  day  after  the  election.  The  village  clerk  shall 
produce  at  such  meeting  the  returns  of  the  inspectors  of  election, 
and  the  board  of  trustees  shall  canvass  such  returns,  and  file  in 
the  office  of  the  village  clerk  a  certificate  declaring  the  result. 
The  person  eligible  and  receiving  the  highest  number  of  votes  for 
an  office  shall  be  elected  thereto.  If  two  or  more  persons  receive 
an  equal  and  the  greatest  number  of  votes  for  the  same  office,  the 
board  of  trustees  shall  determine  by  lot  which  of  them  shall  be 
deemed  elected. 

§  57-  Failure  to  designate  terms. —No  election  of  village  offi- 
cers, heretofore  or  hereafter  held  in  any  village,  shall  be  invalid 
on  account  of  the  failure  of  the  electors  to  designate  in  their  bal- 
lots the  respective  terms  of  office  of  persons  to  be  elected  thereat, 
for  the  same  office,  for  different  terms;  but  the  persons  so  to  be 
elected  to  such  office,  who  are  eligible  and  receive  the  highest 
number  of  votes,  shall  be  elected.  The  person  first  named  on  a 
ballot  containing  the  names  of  more  than  one  person  for  such  an 
office,  and  not  designating  their  respective  terms,  shall  be  deemed 
designated  for  the  longest  term,  the  second,  for  the  next  longest 
term,  and  so  on  to  the  end;  and  the  inspectors  of  election  shall 
count  the  ballots  and  certify  the  result  accordingly.  If  the  votes 
shall  not  be  so  counted  and  canvassed  the  board  of  trustees  shall, 
at  least  twenty  days  before  the  expiration  of  the  shortest  term, 
determine  by  lot  which  of  such  officers  shall  hold  office  for  each 
term,  and  thereupon  such  officers  shall  be  deemed  to  have  been 
elected  accordingly. 

§  58.  Special  elections  of  oflficers. — Whenever  the  day  fixed 
by  law  for  an  annual  election  shall  have  passed,  and  no  election 
shall  have  been  held  thereon,  the  board  of  trustees  shall,  forth- 
with, give  notice  of  a  special  election,  to  be  held  at  the  place  of  the 
omitted  annual  election.  Such  notice  shall  be  given  in  like  man- 
ner as  a  notice  of  an  annual  election,  and  a  special  election  shall 
be  held  in  the  same  manner  as,  and  for  the  purposes  of,  an  annual 


4^8  Village  Officers  and  Elections. 

election.  For  the  purpose  of  determining  the  terms  of  ofHce  of 
the  officers  elected  thereat,  the  time  therefrom  to  the  beginning 
of  the  next  official  year  shall  be  deemed  one  year. 

§  59.  Submission  of  propositions  ;  special  elections.— The 
board  of  trustees  may,  upon  its  own  motion,  and  shall,  upon  the 
petition  of  twenty-five  electors,  qualified  to  vote  upon  a  proposi- 
tion, cause  to  be  submitted   at   a  village  election,  a  proposition 
upon  any  question  which  may  be  lawfully  decided  thereat.     A 
separate  board  of  fire,  water,  light,  sewer,  cemetery  or  other  com- 
missioners may  present  to  the  board  of  trustees  a  petition,  re- 
questing the  submission  of  a  specified  proposition,  relating  to  its 
department,  at  a  village  election.     Upon  the  presentation  of  such 
petition,  the  board  of  trustees  shall  cause  the  proposition  to  be 
submitted  accordingly.     If  a  petition  under  this  section  be  pre- 
sented after  the  annual  election  and  before  the  first  day  of  Janu- 
ary following,  a  special  election  shall  be  called,  to  be  held  ncft  less 
thaji  ten  nor  more  than  twenty  days  after  the  presentation  of  such 
petition.     If  a  petition  be  presented  at  any  other  time,  and  more 
than  ten  days  prior  to  the  annual  election,  the  proposition  shall  be 
submitted  at  such  annual  election.     Except  for  the  purpose  of 
fixing  or  changing  the  number  of  trustees,  or  for  the  purpose  of 
determining  whether  an  officer  shall  be  thereafter  elected  or  ap- 
pointed, no  special  election  shall  be  held  in  the  months  of  Febru- 
ary or  March.     Notice  of  a  special  election  for  the  submission  of 
a  proposition  shall  be  given  in  the  same  manner  as  for  an  annual 
election.     Such  special  election  shall  be  held  by  the  same  officers, 
and  conducted  and  the  result  canvassed  in  the  same  manner  as 
an  annual  election. 

§  60.  Votes  upon  propositions  to  be  by  ballot. — All  votes 
upon  a  proposition  submitted  at  a  village  election  shall  be  by  bal- 
lot; and,  unless  otherwise  provided,  the  provisions  of  the  election 
law,  relating  tc  ballots,  apply  to  propositions  submitted,  under 
this  chapter 


Village  Ofkicers  and  Elections.  439 

§  61.  Official  undertakings. — The  treasurer,  collector,  police 
justice,  street  commissioner,  and  such  other  officers  as  may  be 
reqillred  by  the  board  of  trustees,  shall,  before  they  enter  upon 
the  duties  of  their  respective  offices,  each  execute  to  the  village 
and  file  with  the  village  clerk,  an  official  undertaking  in  such  sum 
and  with  such  sureties  as  the  board  of  trustees  shall  direct  and 
approve.  The  board  of  trustees  may  at  any  time  require  any  such 
officer  to  file  a  new  official  undertaking  for  such  sum  and  with 
such  sureties  as  the  board  shall  approve. 

§  62.  Notice  to  person  chosen  to  a  village  office. — The  clerk 
of  the  village  shall,  within  three  days  after  the  election  or  appoint- 
ment of  a  village  officer,  except  the  first  election  or  appointment 
after  the  incorporation  of  the  village,  notify  each  person  elected 
or  appointed  of  his  election  or  appointment  and  of  the  date 
thereof,  and  that  he  is  required  to  file  his  oath  of  office  with  such 
clerk,  before  entering  upon  the  duties  thereof,  and,  if  an  official 
undertaking  be  required  of  him,  by  or  in  pursuance  of  law,  that 
he  is  also  required  to  file  the  same  with  such  clerk,  and  that  upon 
his  failure  so  to  do,  he  will  be  deemed  to  have  declined  the  office. 
If  an  undertaking  is  required  of  a  village  officer,  by  or  in  pursu- 
ance of  law,  after  entering  upon  the  duties  of  his  office,  the  clerk 
of  the  village  shall  thereupon  ser\'e  upon  such  officer  personally, 
a  written  notice  that  he  is  required  to  file  such  undertaking  with 
the  clerk,  within  ten  days  after  the  service  of  the  notice,  and  that 
upon  his  failure  to  do  so,  his  office  will  become  vacant. 

§  63.  Resignations  and  removals.— A  village  officer  may  re- 
sign to  the  board  of  trustees,  and  his  resignation  shall  take  effect 
upon  the  delivery  thereof  to  the  village  clerk,  unless  a  time  be 
specified  in  such  resignation  for  its  taking  effect  thereafter,  in 
which  case,  such  resignation  shall  take  effect  at  the  time  so 
specified. 

In  addition  to  the  method  provided  by  the  public  officers  law, 
an  officer,  except  a  president  or  a  tru&tee,  appointed  by  the  board 
of  trustees  of  tl".e  village,  may  be  removed  by  the  board  for  mis- 


AAo  Village  Officers  and  Elections. 

conduct,  on  notice  to  such  officer  and  an  opportunity  given  him 
to  make  his  defense. 

§  64.  Filling  of  vacancies. — Vacancies  occurring  otherwise 
than  by  expiration  of  term  in  a  village  office,  other  than  that  of 
health  officer,  shall  be  filled  by  the  board  of  trustees,  if  the  office 
be  elective,  until  the  end  of  the  current  official  year,  but  if  the 
office  be  appointive,  for  the  balance  of  the  unexpired  term.  If  a 
vacancy  in  an  elective  office  occurs  within  less  than  ten  days 
prior  to  an  annual  election,  and  which  office  is  not  to  be  filled  at 
such  election,  the  appointment  shall  be  for  a  term  which  will 
expire  at  the  end  of  the  next  official  year. 

§  65.  Refusal  of  officer  to  surrender  his  office.— H  a  person 
who  has  been  an  officer  of  a  village  refuses  or  neglects  to  deliver 
to  his  successor  in  office,  within  ten  days  after  notification  and 
request,  all  the  moneys,  books,  papers,  records,  property  and 
effects  of  every  description,  which  have  come  into  his  possession 
or  under  his  control,  by  virtue  of  his  office,  and  belonging  to  the 
village  or  appertaining  to  the  office,he  shall  forfeit  and  pay  to  the 
village,  the  sum  of  twenty-five  dollars  for  each  and  every  day  he 
shall  so  neglect  or  refuse,  and  also  all  damages,  costs  and  ex- 
penses caused  by  such  neglect  or  refusal. 

§  66.  Separate  boards  of  commissioners.— A  village  which 
has  no  separate  board  of  fire,  water,  light,  sewer  or  cemetery  com- 
missioners, by  adopting  a  proposition  therefor  at  an  annual  elec- 
tion, may  establish  such  a  board,  or  may  establish  a  municipal 
board,  with  the  powers,  duties  and  responsibilities  of  two  or  more 
of  such  separate  boards.  In  a  village  of  the  first  class  a  board  of 
commissioners  or  a  municipal  board  may  be  composed  of  three 
or  five  members  as  shall  be  determined  by  the  proposition.  If 
such  proposition  be  adopted,  the  board  of  trustees  at  its  next 
annual  meeting  shall  appoint  such  commissioners,  for  the  terms 
of  one,  two  and  three  years,  respectively,  or  in  a  village  which 
determines  to  have  five  commissioners,  for  the  terms  of  one,  two, 
three,  four  and  five  years,  respectively ;  and  at  each  annual  meet- 


Village  Officers  and  Elections.  441 

ing  thereafter  the  board  of  trustees  shall  appoint  one  commis- 
sioner for  the  full  term  of  three  or  five  years,  as  the  case  may  be. 

§  67.  Municipal  boards ;  consolidation. — Upon  the  adoption 
of  a  proposition  therefor  a  village  may  establish  a  municipal 
board,  possessing  all  the  powers  and  subject  to  all  the  respon- 
sibilities of  two  or  more  of  the  boards  named  in  this  article.  Such 
municipal  board  shall  be  composed  of  three  members  appointed 
by  the  board  of  trustees  for  the  terms  of  one,  two,  and  three 
years,  respectively.  Upon  the  filing  of  the  certificate  of  the 
adoption  of  such  proposition,  all  the  powers,  duties  and  responsi- 
bilities of  such  separate  boards  are  transferred  to  the  municipal 
board,  and  all  property,  records,  books  and  papers  in  the  posses- 
sion of  such  separate  boards  shall,  within  fifteen  days  after  such 
consolidation,  be  delivered  to  the  municipal  board.  If  the  vil- 
lage has  only  one  of  the  boards  provided  in  this  article,  the 
powers  and  responsibilities  of  one  or  more  other  boards,  named 
therein,  may  be  conferred  upon  such  existing  board  by  the  adop- 
tion of  a  proposition  therefor  at  an  annual  election,  and  thereupon 
such  existing  board  shall  possess  all  the  powers  and  responsi- 
bilities of  such  other  board  or  commission  consolidated  with  it, 
and  shall  thereafter  be  known  as  the  municipal  board  of  the 
village. 

§  68»  Continuance  of  separate  boards. — If  a  village  now  has 
a  separate  board  of  fire,  water,  light,  sewer  or  cemetery  commis- 
sioners, such  commissioners  shall  continue  in  office  during  their 
respective  terms,  and  no  commissioners  shall  be  hereafter  ap- 
pointed until  the  whole  number  be  reduced  by  expiration  of  term 
or  otherwise  to  less  than  three,  except  that  in  a  village  of  the 
third  class  the  commissioner  or  commissioners  last  appointed 
shall  cease  to  be  a  commissioner  from  and  after  the  passage  of 
this  act,  until  the  number  be  reduced  to  three,  and  except  that  if 
a  village  of  the  first  or  second  class  now  has  a  board  of  commis- 
sioners composed  of  five  members,  such  number  sliall  be  con- 
tinued. All  such  commissioners  shall  hereafter  be  appointed  by 
the  board  of  trustees;  and  the  terms  shall  be  so  adjusted  that  one 
shall  expire  each  official  year.  (Thus  amended  by  chap.  668,  Z. 
1898.) 


442  Village  Officers  and  Elections. 

§  69,  Continuance  of  municipal  board. — A  municipal  board 
or  commission  heretofore  created  and  existing  in  a  village  under 
a  general  law  when  this  chapter  takes  effect  is  continued,  and 
one  member  of  such  board  or  commission  shall  be  appointed  by 
the  board  of  trustees  each  year  for  a  full  term,  as  provided  by  the 
law  relating  to  such  board  or  commission  in  force  on  the  day 
next  preceding  the  day  when  this  chapter  takes  effect,  and  such 
terms  are  hereby  established  as  the  terms  for  the  members  of  such 
board  or  commission  under  this  chapter.  Such  municipal  board 
or  commission  so  continued  shall  possess  all  the  powers  and  re- 
sponsibilities and  be  subject  to  all  the  duties  and  liabilities  herein 
conferred  or  imposed  upon  the  several  separate  boards  named  in 
this  article,  except  boards  of  cemetery  commissioners. 

§  70.  Abolition  of  separate  or  municipal  boards.  — A  separ- 
ate board  of  fire,  water,  light,  sewer  or  cemetery  commissioners, 
or  a  municipal  board,  may  be  abolished  by  adopting  a  proposition 
therefor  at  an  election.  The  abolition  of  such  a  board  shall  take 
ef?«ct  immediately  upon  filing  a  certificate  showing  the  adoption 
of  th€  proposition.  Within  ten  days  after  such  certificate  is  filed, 
the  board  shall  deliver  to  the  clerk  of  the  village  its  records,  books 
and  papers;  and  shall  ako  within  the  same  time  deliver  to  the 
treasurer  all  funds,  and  to  the  president  all  other  property  in  its 
possession  or  under  its  control,  belonging  to  the  department. 

§  71.  Books  and  papers  to  be  open  to  inspection. — All 
books,  papers  and  records  relating  to  village  affairs  kept  by  any 
board  or  officer  shall  be  open  to  inspection  at  all  reasonable  hours 
by  every  inliabitant  of  the  village. 

§  y2.  Transfer  of  fund  and  records. — Within  ten  days  after 
this  chapter  takes  effect,  each  commissioner  or  board  of  commis- 
sioners or  other  village  officer  heretofore  authorized  to  receive  or 
expend  village  funds  or  having  such  funds  under  his  or  its  con- 
trol, shall  file  with  the  board  of  trustees  a  verified  report  showing 
the  amount  and  source  of  such  funds  and  the  object  to  which  the 
same  are  applicable.  If  such  funds  are  under  the  supervision  of  a 
board  or  officer  authorized  to  contract  indebtedness  on  behalf  of 
the  village,  such  report  shall  also  contain  a  statement  of  the 
amount  of  such  existing  indebtedness  and  the  persons  to  whom 


Village  Officers  and  Elections.  aa-i 

and  the  time  when  the  same  is  payable.  Upon  the  receipt  of  such 
report,  the  board  of  trustees  may  require  the  treasurer,  within  ten 
days  after  notice  therefor,  to  furnish  additional  security.  Within 
ten  days  after  the  furnishing-  of  such  security,  approved  by  the 
board,  or  if  no  such  additional  security  is  required,  within  fifteen 
days  after  the  filing  of  the  report,  all  funds  belonging  to  the  vil- 
lage shall  be  paid  to  the  treasurer,  and  shall  be  received  by  him 
and  credited  to  the  proper  fund  as  herein  prescribed.  All 
records,  books  and  papers  belonging  to  a  board  of  commission- 
ers, separate  from  the  board  of  trustees,  shall,  upon  or  before  the 
payment  of  the  funds  to  the  treasurer  as  herein  provided,  be 
delivered  to  the  village  clerk. 

ARTICLE  XIV. 

EFFECT  OF  CHAPTER;  REPEAL. 

Section  340.  Effect  of  chapter  on  special  villages. 

341.  Effect  of  revision  on  general  villages. 

342.  Repeal. 

343.  When  to  take  effect. 

Section  340.  Effect  of  chapter  on  special  villages. — A  village 
incorporated  under  and  subject  to  a  special  law,  and  each  officer 
thereof,  possesses  all  the  powers  and  is  subject  to  all  the  liabilities 
and  responsibilities  conferred  or  imposed  upon  a  village  incor- 
porated under  this  chapter,  or  upon  an  officer  thereof,  not  incon- 
sistent with  such  special  law. 

§  341.  Effect  of  revision  on  general  villages. — The  following 
villages  are  subject  to  the  provisions  of  this  chapter,  as  if  incor- 
porated thereunder: 

1.  Villages  incorporated  under  chapter  426  of  the  laws  of  1847, 
or  the  acts  amendatory  thereof  and  supplemental  thereto,  and 
which  have  not  been  reincorporated  under  a  special  law. 

2.  Villages  incorporated  or  reincorporated  under  chapter  291 
of  the  laws  of  1870,  or  the  acts  amendatory  thereof  and  supple- 
mental thereto. 

3.  Villages  incorporated  by  special  law  and  reincorporated 
under  a  general  law  and  now  subject  to  its  provisions. 

§  342.  Repeal.— The  following  acts  and  parts  of  acts  are  hereby 
repealed : 


School  Elections. 


(From  Consolidated  School  Law  in  force  July  i,  1896.) 


TITLE  Vn  — ARTICLE  1. 
Of  common  school  district  meetings,  who  are  voters,  and  their  powers. 

Section  i.  New  districts,  notice  of  first  meeting. — When- 
ever any  school  district  shall  be  formed,  the  commissioner  or 
any  one  or  more  of  the  commissioners,  within  whose  district  or 
districts  it  may  be,  shall  prepare  a  notice  describing  such  dis- 
trict, and  appointing  a  time  and  place  for  the  first  district 
meeting,  and  deliver  such  notice  to  a  taxable  inhabitant  of 
the  district. 

§  2.  Service  of  notice. —  It  shall  be  the  duty  of  such  inhabit- 
ant to  notify  every  other  inhabitant  of  the  district  qualified  to 
vote  at  the  meeting,  by  reading  the  notice  in  his  hearing,  or 
in  case  of  his  absence  from  home,  by  leaving  a  copy  thereof, 
or  so  much  thereof  as  relates  to  the  time,  place  and  object  of 
the  meeting,  at  the  place  of  his  abode,  at  least  six  days  before 
the  time  of  the  meeting. 

§  3.  May  give  notice  of  meeting  before  time  fixed. —  In 
case  such  meeting  shall  not  be  held,  and  in  the  opinion  of  the 
commissioner  it  shall  be  necessary  to  hold  such  meeting,  before 
the  time  herein  fixed  for  the  first  annual  meeting,  he  shall  deliver 
another  such  notice  to  a  taxable  inhabitant  of  the  district, 
who  shall  serve  it  as  hereinbefore  provided. 

§  4.  Special  district  meeting,  when  commissioner  may 
call. —  When  the  clerk  and  all  the  trustees  of  a  school  district 
shall  have  removed  from  the  district,  or  their  office  shall  be 
vacant,  so  that  a  special  meeting  can  not  be  called,  as  herein- 
after provided,  the  commissioner  may  in  like  manner  give 
notice  of,  and  call  a  special  district  meeting. 

§  5.  Penalty  for  refusal  to  serve  notice. —  Every  taxable 
inhabitant,  to  whom  a  notice  of  any  district  meeting  shall  be 
delivered  for  service,  pursuant  to  any  provisions  of  this  arti- 
cle, who  shall  refuse  or  neglect  to  serve  the  same,  as  hereinbe- 


School  Elections. 


44} 


fore  prescribed,  shall  forfeit  five  dollars  for  the  benefit  of  the 
district. 

§  6.  Special  district  meetings. —  A  special  district  meeting 
shall  be  held  whenever  called  by  the  trustees.  The  notice 
thereof  shall  state  the  purposes  for  which  it  is  called,  and  no 
business  shall  be  transacted  at  such  special  meeting,  except 
that  which  is  specified  in  the  notice  ;  and  the  district  clerk,  or, 
if  the  office  be  vacant,  or  he  be  sick  or  absent,  or  shall  refuse 
to  act,  a  trustee  or  some  taxable  inhabitant,  by  order  of  the 
trustees,  shall  serve  the  notice  upon  each  inhabitant  of  the 
district  qualified  to  vote  at  district  meetings,  at  least  five  days 
before  the  day  of  the  meeting,  in  the  manner  prescribed  in  the 
second  section  of  this  title.  But  the  inhabitants  of  any  dis- 
trict may,  at  any  annual  meeting,  adopt  a  resolution  prescrib- 
ing some  other  mode  of  giving  notice  of  special  meetings, 
which  resolution  and  the  mode  prescribed  thereby  shall  con- 
tinue in  force  until  rescinded  or  modified  at  some  subsequent 
annual  meeting. 

§  7.  Proceedings,  when  illegal. —  The  proceedings  of  no 
district  meeting,  annual  or  special,  shall  be  held  illegal  for 
want  of  a  due  notice  to  all  the  persons  qualified  to  vote 
thereat,  unless  it  shall  appear  that  the  omission  to  give  such 
notice  was  willful  and  fraudulent. 

§  8.  Annual  school  district  meeting. —  The  annual  meeting 
of  each  school  district  shall  be  held  on  the  first  Tuesday  of 
August  in  each  year,  and,  unless  the  hour  and  place  thereof 
shall  have  been  fixed  by  a  vote  of  a  previous  district  meeting, 
the  same  shall  be  held  in  the  school-house  at  seven-thirty 
o'clock  in  the  evening.  If  a  district  possesses  more  than  one 
school-house,  it  shall  be  held  in  the  one  usually  employed  for 
that  purpose,  unless  the  trustees  designate  another.  If  the 
district  possesses  no  school-house,  or  if  the  school-house  shall 
be  no  longer  accessible,  then  the  annual  meeting  shall  be  held 
at  such  place  as  the  trustees,  or,  if  there  be  no  trustee,  the 
clerk,  shall  designate  in  the  notice. 

§  9.  Proceedings,  when  annual  meeting  not  held. —  When- 
ever the  time  for  holding  the  annual  meeting  in  school  dis- 
tricts shall  pass  without  such  meeting  being  held  in  any  dis- 
trict, a  special  meeting  shall  thereafter  be  called  by  the  trus- 


^_if)  School  Elections. 

tees  or  by  the  clerk  of  such  district  for  the  purpose  of  trans- 
acting  the  business  of  the  annual  meeting ;  and  if  no  such 
meeting  be  called  by  the  trustees  or  the  clerk  within  twenty 
days  after  such  time  shall  have  passed,  the  school  commis- 
sioner of  the  commissioner  district  in  which  said  school  dis- 
trict is  situated,  or  the  superintendent  of  public  instruction 
may  order  any  inhabitant  of  such  district  to  give  notice  of 
such  meeting  in  the  manner  provided  in  the  second  section 
of  this  title,  and  the  officers  of  the  district  shall  make  to  such 
meeting  the  reports  required  to  be  made  at  the  annual  meet- 
ing, subject  to  the  same  penalty  in  the  case  of  neglect ;  and 
the  officers  elected  at  such  meeting  shall  hold  their  respec- 
tive offices  only  until  the  next  annual  meeting  and  until  their 
successors  are  elected  and  shall  have  qualified  as  in  this  act 
provided. 

§  lo.  Duty  of  inhabitants  upon  call  of  meeting:. —  When- 
ever any  district  meeting  shall  be  duly  called,  it  shall  be  the 
duty  of  the  inhabitants  qualified  to  vote  thereat,  to  assemble 
at  the  time  and  place  fixed  for  the  meeting. 

§  II.  Voters,  their  qualifications. —  Every  person  of  full 
age  residing  in  any  school  district  and  who  has  resided  therein 
for  a  period  of  thirty  days  next  preceding  any  annual  or 
special  meeting  held  therein,  and  a  citizen  of  the  United 
States,  who  owns  or  hires,  or  is  in  the  possession  under  a  con- 
tract of  purchase,  of  real  property  in  such  school  district  liable 
to  taxation  for  school  purposes  ;  and  every  such  resident  of 
such  district,  who  is  a  citizen  of  the  United  States,  of  twenty- 
one  years  of  age,  and  is  the  parent  of  a  child  or  children  of 
school  age,  some  one  or  more  of  whom  shall  have  attended 
the  district  school  in  said  district  for  a  period  of  at  least  eight 
weeks  within  one  year  preceding  such  school  meeting  ;  and 
every  such  person  not  being  the  parent,  who  shall  have  per- 
manently residing  with  him  or  her  a  child  or  children  of 
school  age,  some  one  or  more  of  whom  shall  have  attended 
the  district  school  in  said  district  for  a  period  of  at  least  eight 
weeks  within  one  year  preceding  such  school  meeting;  and 
every  such  resident  and  citizen  as  aforesaid,  who  owns  any 
personal  property,  assessed  on  the  last  preceding  assessment- 
roll  of  the  town,  exceeding  fifty  dollars  in  value,  exclusive  of 


School  Elections.  447 

such  as  is  exempt  from  execution,  and  no  other  shall  be  enti- 
tled to  vote  at  any  school  meeting  held  in  such  district,  for 
all  school  district  officers  and  upon  all  matters  which  may  be 
brought  before  said  meeting.  No  person  shall  be  deemed  to 
be  ineligible  to  vote  at  any  such  school  district  meeting,  by 
reason  of  sex,  who  has  one  or  more  of  the  other  qualifications 
required  by  this  section. 

§  12.  Challenges. —  If  any  person  offering  to  vote  at  any 
school  district  meeting  shall  be  challenged  as  unqualified,  by 
any  legal  voter  in  such  district,  the  chairman  presiding  at 
such  meeting  shall  require  the  person  so  offering,  to  make 
the  following  declaration :  "  I  do  declare  and  affirm  that  I 
am,  and  have  been,  for  the  thirty  days  last  past,  an  actual 
resident  of  this  school  district  and  that  I  am  qualified  to 
vote  at  this  meeting."  And  every  person  making  such 
declaration  shall  be  permitted  to  vote  on  all  questions  pro- 
posed at  such  meeting;  but  if  any  person  shall  refuse  to 
make  such  declaration,  his  or  her  vbte  shall  be  rejected. 

§  13,  Illegal  voting,  etc. —  Any  person  who  shall  willfully 
make  a  false  declaration  of  his  or  her  right  to  vote  at  any 
such  school  meeting,  after  his  or  her  right  to  vote  thereat 
has  been  challenged,  shall  be  deemed  guilty  of  a  misde- 
meanor. And  any  person  not  qualified  to  vote  at  any  such 
meeting,  who  shall  vote  thereat,  shall  thereby  forfeit  five 
dollars,  to  be  sued  for  by  the  supervisor  for  the  benefit  of 
the  common  schools  of  the  town. 

§  14.  Powers  of  district  meeting. —  The  inhabitants  entitled 
to  vote,  when  duly  assembled  in  any  district  meeting,  shall 
have  power,  by  a  majority  of  the  votes  of  those  present : 

1.  To  appoint  a  chairman  for  the  time  being. 

2.  If  the  district  clerk  be  absent  to  appoint  a  clerk  for  the 
time. 

3.  To  adjourn  from  time  to  time  as   occasion  may  require. 

4.  To  elect  one  or  three  trustees  as  hereinafter  provided,  a 
district  clerk  and  a  district  collector,  and  in  any  district 
which  shall  so  determine,  as  hereinafter  provided,  to  elect  a 
treasurer,  at  their  first  meeting,  and  so  often  as  such  offices  or 
any  of  them  become  vacated,  except  as  hereinafter  provided. 
All  district  officers  shall  be  elected  by  ballot.     At  elections  of 


^^ft  School  Elections. 

district  officers,  the  trustees  shall  provide  a  suitable  ballot- 
box.  Two  inspectors  of  election  shall  be  appointed  in  such 
manner  as  the  meeting  shall  determine,  who  shall  receive 
the  votes  cast,  and  canvass  the  same,  and  announce  the 
result  of  the  ballot  to  the  chairman.  A  poll-list  containing 
the  name  of  every  person  whose  vote  shall  be  received  shall 
be  kept  by  the  district  clerk,  or  the  clerk  for  the  time  of  the 
meeting.  The  ballots  shall  be  written  or  printed,  or  partly 
written  and  partly  printed,  containing  the  name  of  the  person 
voted  for  and  designating  the  office  for  which  each  is  voted 
for.  The  chairman  shall  declare  to  the  meeting  the  result  of 
each  ballot,  as  announced  to  him  by  the  inspectors,  and  the 
persons  having  the  majority  of  votes,  respectively,  for  the 
several  offices,  shall  be  elected. 

5.  At  the  first  meeting,  or  at  any  subsequent  annual  meet- 
ing, or  at  any  special  meeting  duly  called  for  that  purpose,  the 
qualified  voters  of  any  school  district  are  authorized  to  adopt 
by  a  vote  of  a  majority  of  such  voters  present  and  voting,  to 
be  ascertained  by  taking  and  recording  the  ayes  and  noes,  a 
resolution  to  elect  a  treasurer  of  said  district,  who  shall  be  the 
custodian  of  all  moneys  belonging  to  said  district,  and  the 
disbursing  officer  of  such  moneys.  If  such  resolution  shall 
be  adopted,  such  voters  shall  thereupon  elect  by  ballot  a 
treasurer  for  said  district.  No  person  shall  be  eligible  to  the 
office  of  treasurer  unless  he  is  a  qualified  voter  in,  and  a  tax- 
able inhabitant  of  said  district.  Any  person  elected  treasurer 
at  any  meeting  other  than  an  annual  meeting,  shall  hold  office 
until  the  next  annual  meeting  after  such  election,  and  until 
his  successor  shall  be  elected  or  appointed,  and  thereafter  a 
treasurer  shall  be  elected  at  each  annual  meeting  for  the  term 
of  one  year. 

6.  To  fix  the  amount  in  which  the  collector  and  treasurer 
shall  give  bonds  for  the  due  and  faithful  performance  of  the 
duties  of  their  offices. 

7.  To  designate  a  site  for  a  school-house,  or,  with  the  con- 
sent of  the  commissioner  or  commissioners  within  whose  dis- 
trict or  districts  the  school-house  lies,  to  designate  sites  for 
two  or  more  school-houses  for  the  district.  Such  designation 
of  a  site  or  sites  for  a  school-house  can  be  made  only  at  a 


School  Elections.  449 

special  meeting  of  the  district,  duly  called  for  such  purpose 
by  a  written  resolution  in  which  the  proposed  site  shall  be 
described  by  metes  and  bounds,  and  which  resolution  must 
receive  the  assent  of  a  majority  of  the  qualified  voters  present 
and  voting,  to  be  ascertained  by  taking  and  recording  the 
ayes  and  noes. 

8.  To  vote  a  tax  upon  the  taxable  property  of  the  district 
to  purchase,  lease  and  improve  such  site  or  sites  or  an  addition 
to  such  site  or  sites  ;  to  hire  or  purchase  rooms  or  buildings 
for  school-rooms  or  school-houses,  or  to  build  school-houses ; 
and  to  keep  in  repair  and  furnish  the  same  with  necessary  fuel, 
furniture  and  appendages. 

9.  To  vote  a  tax  not  exceeding  twenty-five  dollars  in  any 
one  year,  for  the  purchase  of  maps,  globes,  blackboards  and 
other  school  apparatus,  and  for  the  purchase  of  text-books 
and  other  school  necessaries  for  the  use  of  poor  scholars  of 
the  district. 

10.  To  vote  a  tax  for  the  establishment  of  a  school  library 
and  the  maintenance  thereof,  or  for  the  support  of  any  school 
library  already  owned  by  said  district,  and  for  the  purchase  of 
books  therefor,  and  such  sum  as  they  may  deem  necessary  for 
the  purchase  of  a  book-case. 

11.  To  vote  a  tax  to  supply  a  deficiency  in  any  former  tax 
arising  from  such  tax,  being  in  whole  or  in  part,  uncollectible. 

12.  To  authorize  the  trustees  to  cause  the  school-house  or 
school-houses,  and  their  furniture,  appendages  and  school 
apparatus  to  be  insured  by  any  insurance  company  created 
by  or  under  the  laws  of  this  state. 

13.  To  alter,  repeal  and  modify  their  proceedings,  from 
time  to  time,  as  occasion  may  require. 

14.  To  vote  a  tax  for  the  purchase  of  a  book  for  the  pur- 
pose of  recording  their  proceedings. 

15.  To  vote  a  tax  to  replace  moneys  of  the  district,  lost  or 
embezzled  by  district  officers;  and  to  pay  the  reasonable 
expenses  incurred  by  district  officers  in  defending  suits  or 
appeals  brought  against  them  for  their  official  acts,  or  in 
prosecuting  suits  or  appeals  by  direction  of  the  district  against 
other  parties. 


450  School  Elections. 

16.  To  vote  a  tax  to  pay  whatever  deficiency  there  may  be 
in  teachers'  wages  after  the  public  money  apportioned  to  the 
district  shall  have  been  applied  thereto  ;  but  if  the  inhabitants 
shall  neglect  or  refuse  to  vote  a  tax  for  this  purpose,  or  if 
they  shall  vote  a  tax  which  shall  prove  insuf^cient  to  cover 
such  deficiency,  then  the  trustees  are  authorized,  and  it  is 
hereby  made  their  duty,  to  raise,  by  direct  tax,  any  reasonable 
sum  that  may  be  necessary  to  pay  the  balance  of  teachers' 
wages  remaining  unpaid,  the  same  as  if  such  tax  had  been 
authorized  by  a  vote  of  the  inhabitants. 

17.  To  vote  a  tax  to  pay  and  satisfy  of  record  any  judgment 

or  judgments  of  a  competent  court  which  may  have  been  or 

shall  hereafter  be  obtained  in  an  action  against  the  trustees  of 

the  district  for  unpaid  teachers'  wages  against  the  trustees  of 

the  district,  where  the  time  to  appeal  from  said  judgment  or 

judgments  shall  have  lapsed,  or  there  shall  be   no  intent  to 

appeal  on  the  part  of  such  district,  or  the   said  judgment  or 

judgments   is  or  are  or  shall  be  of  the  court  of  last  resort  ; 

but  if  the  inhabitants  shall  neglect  or  refuse  to  vote  a  tax  for 

this  purpose,  or,  if  they  vote  a  tax  which  shall  prove  insufficient 

to  fully  satisfy  said  judgment  or  judgments,  then  the  trustees 

are  authorized  and  it   is  hereby  made  their  duty  to  raise  by 

district  tax  the  amount  of  said  judgment  or  judgments,  or  the 

deficiency  which  may  exist  in  any  tax  voted  by  said  inhabitants 

to  pay  said  judgment  or  judgments,  the  same  as  if  such  tax 

had  been  authorized  by  a  vote  of  the  inhabitants,  and  the 

trustees  are  hereby  authorized,  and  it  is  hereby  made  their 

duty  forthwith,  after  the  expiration  of  thirty  days  from  notice 

of  any  judgment  or  judgments  having  been  entered  against 

the  district  or  the  trustees  thereof  for  unpaid  teachers'  wages, 

to  call  a  meeting  of  the  inhabitants  of  said  district,  who  shall 

have  power,  as  aforesaid,  to  vote  a  tax  to  pay  said  judgment 

or  judgments  ;  and  in  case  they  refuse  or  neglect  to  do  so,  the 

trustees  are   authorized,   and  it   is  hereby  made   their  duty, 

unless  said  judgment  or  judgments  are  appealed  from,  to  raise 

by  district  tax  the  amount  of  said  judgment  or  judgments  as 

hereinbefore  provided. 

18.  In  all  propositions  arising  at   said    district    meetings, 
involving  the  expenditure  of  money,  or  authorizing  the  levy  of 


School  Elections.  451 

a  tax  or  taxes,  Yfie  vote  thereon  shall  be  by  ballot,  or  ascer- 
tained by  taking  and  recording  the  ayes  and  noes  of  such 
qualified  voters  attending  and  voting  at  such  district 
meetings. 

*  19.  Whenever  any  district  shall  have  contracted  with  the 
school  authorities  of  any  city  or  village  or  other  school  dis- 
trict for  the  education  therein  of  the  pupils  residing  in  such 
common  school  districts,  the  inhabitants  thereof  entitled  to 
vote  are  authorized  to  provide,  by  tax  or  otherwise,  for  the 
conveyance  of  the  pupils  residing  therein  to  the  schools  of 
such  city,  village  or  district  with  which  such  contract  shall 
have  been  made,  and  the  trustees  thereof  may  contract  for 
such  conveyance  when  so  authorized  in  accordance  with  such 
rules  and  regulations  as  they  may  establish. 

§  15.  Election  of  officers  in  districts  over  three  hundred. 
—  In  school  districts  in  which  the  number  of  children  of 
school  age  exceeds  three  hundred,  as  shown  by  the  last  annual 
report  of  the  trustees  to  the  school  commissioner,  the  quali- 
lieu  voters  of  any  such  district,  at  any  annual  meeting 
thereof,  may  by  the  vote  of  a  majority  of  those  present  and 
voting,  to  be  ascertained  by  taking  and  recording  the  ayes  and 
noes,  determine  that  the  election  of  officers  of  said  district  shall 
be  held  on  the  Wednesday  next  following  the  day  designated 
by  law  for  holding  the  annual  meeting  of  said  district.  Until 
such  determination  shall  be  changed,  such  election  shall  be  held 
on  the  Wednesday  next  following  the  day  on  which  such  annual 
meeting  of  such  district  shall  be  held  in  each  year,  between 
the  hours  of  twelve  o'clock  noon  and  four  o'clock  in  the  after- 
noon, at  the  principal  school-house  in  such  district,  or  such 
other  suitable  place  as  the  trustees  may  designate.  When  the 
place  of  holding  such  election  is  other  than  at  the  principal 
school-house,  the  trustees  shall  give  notice  thereof  by  the 
publication  of  such  notice,  at  least,  one  week  before  the  time 
of  holding  such  election,  in  some  newspaper  published  in  the 
district,  or  by  posting  the  same  in  five  conspicuous  places  in 
the  district.  The  trustees  may,  by  resolution,  extend  the  time 
of  holding  the  election  from  four  o'clock  until  sunset.  The 
trustees  shall  act  as  inspectors  of  election,  and  if  a  majority 
♦Added  by  section  5,  chapter  264,  Laws  of  1S96. 


452 


School  Elections. 


of  the  trustees  shall  not  be  present  at  the  time  for  opening  the 
polls,  those  of  them  in  attendance  may  appoint  any  of  the  legal 
voters  of  the  district  present  to  act  as  inspectors  in  place  of 
the  absent  trustees  ;  and  if  none  of  the  trustees  shall  be  present 
at  the  time  of  opening  the  polls,  the  legal  voters  present  may 
choose  three  of  their  number  to  act  as  inspectors.  If  any  such 
district  shall  have  but  one  trustee,  the  legal  voters  of  the  dis- 
trict present  at  the  time  of  opening  the  polls,  may  choose  two 
of  their  number  to  act  with  said  trustee  as  inspectors.  The 
district  clerk  shall  attend  at  the  election,  and  record  in  a  book 
to  be  provided  for  that  purpose,  the  name  of  each  elector  as 
he  or  she  deposits  his  or  her  ballot.  If  the  district  clerk  shall 
be  absent,  or  shall  be  unable  or  refuse  to  act,  the  trustees  or 
inspectors  of  election  shall  appoint  some  person  who  is  a  legal 
voter  in  the  district  to  act  in  his  place.  Any  clerk  or  acting 
clerk  at  such  election  who  shall  neglect  or  refuse  to  record  the 
name  of  a  person  whose  ballot  is  received  by  the  inspectors, 
shall  be  liable  to  a  fine  of  twenty-five  dollars,  to  be  sued  for 
by  the  supervisor  of  the  town.  If  any  person  offering  to  vote 
at  such  election  shall  be  challenged  as  unqualified,  by  any  legal 
voter,  the  chairman  of  the  inspectors  shall  require  the  person 
so  offering  to  vote  to  make  the  following  declaration  :  "  I  do 
declare  and  affirm  that  I  am  and  have  been  for  the  thirty  days 
last  past  an  actual  resident  of  this  school  district,  and  that  I 
am  legally  qualified  to  vote  at  this  election."  Every  person 
making  such  declaration  shall  be  permitted  to  vote  ;  but  if  any 
person  shall  refuse  to  make  such  declaration,  his  or  her  ballot 
shall  not  be  received  by  the  inspectors.  Any  person  who, 
upon  being  so  challenged,  shall  willfully  make  a  false  declara- 
tion of  his  or  her  right  to  vote  at  such  election,  is  guilty  of  a 
misdemeanor.  Any  person  who  shall  vote  at  such  election, 
not  being  duly  qualified,  shall,  though  not  challenged,  forfeit 
the  sum  of  ten  dollars,  to  be  sued  for  by  the  supervisor  of  the 
town  for  the  benefit  of  the  school  or  schools  of  the  district. 
The  trustees  of  the  district  shall,  at  the  expense  of  the  district, 
provide  a  suitable  box  in  which  the  ballots  shall  be  deposited 
as  they  are  received.  Such  ballots  shall  contain  the  names  of 
the  persons  voted  for,  and  shall  designate  the  office  for  which 
each  one  is  voted,  and  such  ballots  may  be  either  written  or 


School  Elections. 


453 


printed,  or  partly  written  and  partly  printed.  The  inspectors, 
immediately  after  the  close  of  the  polls  shall  proceed  to  canvass 
the  votes.  They  shall  first  count  the  ballots  to  determine  if 
they  tally  with  the  number  of  names  recorded  by  the  clerk. 
If  they  exceed  that  number,  enough  ballots  shall  be  with- 
drawn to  make  them  correspond.  Said  inspectors  shall  count 
the  votes  and  announce  the  result.  The  person  or  persons 
having  a  majority  of  the  votes  respectively  for  the  several 
offices  shall  be  elected,  and  the  clerk  shall  record  the  result  of 
such  ballot  and  election  as  announced  by  the  inspectors. 
Whenever  the  time  for  holding  such  election  as  aforesaid 
shall  pass  without  such  election  being  held  in  any  such  dis- 
trict, a  special  election  shall  be  called  by  the  trustees  or  clerk, 
and  if  no  such  election  be  called  by  the  trustees  or  clerk 
within  twenty  days  after  such  time  shall  have  passed,  the 
school  commissioner  or  the  superintendent  of  public  instruc- 
tion may  order  an  inhabitant  of  such  district  to  give  notice 
of  such  election  in  the  manner  provided  in  the  second  section 
of  this  title ;  and  the  oflRcials  elected  at  such  special  election 
shall  hold  their  respective  offices  only  until  the  next  annual 
election,  and  until  their  successors  are  elected  and  shall  have 
qualified,  as  in  this  act  provided.  All  disputes  concerning 
the  validity  of  any  such  election,  or  of  any  votes  cast  thereat, 
or  of  any  of  the  acts  of  the  inspectors  or  clerk,  shall  be  refer- 
red to  the  superintendent  of  public  instruction,  whose  decision 
in  the  matter  shall  be  final.  Such  superintendent  may,  in  his 
discretion,  order  a  new  election  in  any  district. 

The  foregoing  provision  shall  not  apply  to  school  districts 
in  cities,  nor  to  union  free  school  districts  whose  limits  cor- 
respond with  those  of  an  incorporated  village,  nor  to  any 
school  district  organized  under  a  special  act  of  the  legislature, 
in  which  the  time,  manner  and  form  of  the  election  of  district 
officers  shall  be  different  from  that  prescribed  for  the  election 
of  officers  in  common  school  districts,  organized  under  the 
general  law,  nor  to  any  of  the  school  districts  in  the  counties 
of  Richmond,  Suffolk,  Chenango,  Westchester,  Warren,  Erie 
and  St.  Lawrence. 


454  School  Elections. 

TITLE  Vni  — ARTICLE  2. 

Of  the  qualifications  of  voters  in  union  free  school  districts,  and  ol 
meetings  of  such  voters  and  their  powers. 

*  §  8.  Qualifications  of  voters. —  Every  person  of  full  age, 
residing  in  any  union  free  school  district,  and  who  has  resided 
therein  for  a  period  of  thirty  days  next  preceding  any  annual 
or  special  meeting  held  therein,  and  a  citizen  of  the  United 
States,  who  owns,  or  hires,  or  is  in  the  possession  under  aeon- 
tract  of  purchase,  of  real  property  in  such  school  district  liable 
to  taxation  for  school  purposes  ;  and  every  such  resident  of 
such  district  who  is  a  citizen  of  the  United  States  of  twenty- 
one  years  of  age,  and  is  the  parent  of  a  child  or  children  of 
school  age,  some  one  or  more  of  whom  shall  have  attended 
the  district  school  in  said  district  for  a  period  of  at  least  eight 
weeks  within  one  year  preceding  such  school  meeting  ;  and 
every  such  person  not  being  the  parent,  who  shall  have  per- 
manently residing  with  him  or  her  a  child  or  children  of 
school  age,  some  one  or  more  of  whom  shall  have  attended 
the  district  school  in  said  district  for  a  period  of  at  least  eight 
weeks  within  one  year  preceding  such  school  meeting  ;  and 
every  such  resident  and  citizen  as  aforesaid,  who  owns  any 
personal  property  assessed  on  the  last  preceding  assessment- 
roll  of  the  town,  exceeding  fifty  dollars  in  value  exclusive  of 
such  as  is  exempt  from  execution,  and  no  other,  shall  be  entitled 
to  vote  at  any  school  meeting  held  in  said  district,  under  and 
pursuant  to  the  provisions  of  this  title.  No  person  shall  be 
deemed  to  be  ineligible  to  vote  at  any  such  school  district 
meeting  by  reason  of  sex,  who  has  one  or  more  of  the  quali- 
fications required  by  this  section.  No  person  shall  be  eligible 
to  hold  any  school  district  office  in  any  union  free  school  dis- 
trict unless  he  or  she  is  a  qualified  voter  in  such  district,  and 
is  able  to  read  and  write.  Not  more  than  one  member  of  a 
family  shall  be  a  member  of  the  same  board  of  education  in 
any  school  district. 

§9.  Levy  of  tax  for  school  purposes. —  The  corporate 
authorities  of  any  incorporated  village  or  city,  in  which  any 
such  union  free  school  shall  be  established,  shall  have  power, 
and  it  shall  be  their  duty,  to  raise,  from  time  to  time,  by  tax, 

*As  amended  by  section  14,  chapter  264,  Laws  of  1896. 


School  Elections.  455 

to  be  levied  upon  the  real  and  personal  property  in  said  city 
or  village,  as  by  law  provided  for  the  defraying  of  the  expenses 
of  its  municipal  government,  such  sum  or  sums  as  the  board 
of  education  established  therein  shall  declare  necessary  for 
teachers'  wages  and  the  ordinary  contingent  expenses  of  sup- 
porting the  schools  of  said  district.  The  sums  so  declared 
necessary  shall  be  set  forth  in  a  detailed  statement  in  writing, 
addressed  to  the  corporate  authorities  by  the  board  of  educa- 
tion, giving  the  various  purposes  of  anticipated  expenditure, 
and  the  amount  necessary  for  each  ;  and  the  said  corporate 
authorities  shall  have  no  power  to  withhold  the  sums  so 
declared  to  be  necessary  ;  and  such  corporate  authorities  as 
aforesaid  shall  have  power,  and  it  shall  be  their  duty  to  raise, 
from  time  to  time,  by  tax  as  aforesaid,  any  such  further  sum 
or  sums  to  be  set  forth  in  a  detailed  statement  in  writing, 
addressed  to  the  corporate  authorities  by  the  board  of  educa- 
tion, giving  the  various  purposes  of  the  proposed  expenditure, 
and  the  amount  necessary  for  each  which  may  have  been  or 
which  may  hereafter  be  authorized  by  a  majority  of  the  voters 
of  such  union  free  school  district  present  and  voting  at  any 
special  district  meeting  duly  convened,  for  making  additions, 
alterations,  or  improvements  to  or  on  the  sites  or  structures 
belonging  to  the  district,  or  for  the  purchase  of  other  sites  or 
structures,  or  for  a  change  of  sites,  or  for  the  erection  of  new 
buildings,  or  for  buying  apparatus  or  fixtures,  or  for  such  other 
purpose  relating  to  the  support  and  welfare  of  the  school  as 
they  may,  by  resolution,  approve ;  and  they  may  direct  the 
moneys  so  voted  to  be  levied  in  one  sum,  or  by  installments, 
but  no  addition  to  or  change  of  site  or  purchase  of  a  new  site 
or  tax  for  the  purchase  of  any  new  site  or  structure,  or  for  the 
purchase  of  an  addition  to  the  site  of  any  school-house,  or  for 
building  any  new  school-house,  or  for  the  erection  of  an  addition 
to  any  school-house  already  built,  shall  be  voted  at  any  such 
meeting  unless  a  notice  by  the  board  of  education  stating  that 
such  tax  will  be  proposed,  and  specifying  the  amount  and  object 
thereof  shall  have  been  published  once  in  each  week  for  the 
four  weeks  next  preceding  such  district  meeting,  in  two  news- 
papers, if  there  shall  be  two,  or  in  one  newspaper  if  there  shall 
be  but  one,  published  in  such   district.     But  if  no  newspaper 


456  School  Elections. 

shall  then  be  published  therein,  the  said  notice  shall  be  posted 
up  in  at  least  twenty  of  the  most  public  places  in  said  district 
twenty  days  before  the  time  of  such  meeting.  No  vote  to 
raise  money  shall  be  rescinded,  nor  the  amount  thereof  be 
reduced  at  any  subsequent  meeting,  unless  the  same  be  done 
within  ten  days  after  the  same  shall  have  been  first  voted. 
For  the  purpose  of  giving  effect  to  these  provisions,  the  cor- 
porate authorities  are  hereby  authorized,  whenever  a  tax  shall 
have  been  voted  to  be  collected  in  installments  for  the  pur- 
pose of  building  a  new  school-house,  or  building  an  addition 
to  a  school-house,  or  making  additions,  alterations  or  improve- 
ments to  buildings  or  structures  belonging  to  the  district,  or 
for  the  purchase  of  a  new  site,  or  for  an  addition  to  a  site,  to 
borrow  so  much  of  the  sum  voted  as  may  be  necessary,  at  a 
rate  of  interest  not  exceeding  six  percent,  and  to  issue  bonds 
or  other  evidences  of  indebtedness  therefor,  which  shall  be  a 
charge  upon  the  district,  and  be  paid  at  maturity,  and  which 
shall  not  be  sold  below  par.  Said  bonds  or  other  evidences 
of  indebtedness  shall  be  prepared  by  the  board  of  education, 
signed  by  the  president  and  secretary  thereof,  and  delivered 
to  the  treasurer  of  the  incorporated  village  or  city,  who  shall 
countersign  the  same,  and  give  due  notice  of  the  time  and 
place  of  the  sale  of  such  bonds,  at  least  ten  days  prior  thereto, 
by  publication  twice  in  two  newspapers,  if  there  shall  be  two, 
or  in  one  newspaper,  if  there  shall  be  but  one,  published  in 
such  district.  But  if  no  newspaper  shall  then  be  published 
therein,  the  said  notice  shall  be  posted  up  in  at  least  ten  of 
the  most  public  places  in  said  district  ten  days  before  the  day 
of  sale.  The  proceeds  of  the  sale  of  said  bonds  shall  be  paid 
into  the  treasury  of  said  incorporated  village  or  city,  to  the 
credit  of  the  board  of  education  of  such  district. 

*§  10.  Powers  of  annual  and  special  meetings. — A 
majority  of  the  voters  of  any  union  free  school  district, 
other  than  those  whose  limits  correspond  with  an  incor- 
porated city  or  village,  present  at  any  annual  or  special  district 
meeting,  duly  convened,  may  authorize  such  acts  and  vote  such 
taxes  as  they  shall  deem  expedient  for  making  additions,  alter- 
ations or  improvements  to  or  in  the  sites  or  structures  belong- 

*  As  amended  by  section  15,  chapter  264,  Laws  of  1896. 


School  Elections.  ac^ 

ing  to  the  district,  or  for  the   purchase  of  other  sites  or  struc* 
tures,  or  for  a  change  of  sites,  or  for  the  erection  of  new  build- 
ings, or  for  buying  apparatus,  or  fixtures,  or  for  paying  the  wages 
of  teachers  and  the  necessary  expenses  of  the  school,  or  for 
such  other  purpose  relating  to  the  support  and  welfare  of  the 
school  as  they  may,  by  resolution,  approve ;  the  designation 
of  a  site  or  sites  by  the  district  meeting  shall  be  by  written 
resolution    containing   a   description    thereof    by  metes  and 
bounds,   and   such   resolution  must    receive    the  assent    of  a 
majority  of  the  qualified  voters  present  and  voting  at  said 
meeting,  to  be  ascertained  by  taking  and  recording  the  ayes 
and  noes.     On  all  propositions  arising  at  said  meeting  involv- 
ing the  expenditure  of  money,  or  authorizing  the  levy  of  a 
tax  or  taxes  in  one  sum  or  by  installments,  the  vote  thereon 
shall  be  by  ballot,  or  ascertained  by  taking  and  recording  the 
ayes  and  noes  of  such  qualified   voters  attending  and  voting 
at  such  meetings;  and  ihey  may  direct  the  moneys  so  voted 
to  be  levied  in  one  sum,  or  by  installments,  but  no  addition 
to  or  change  of  site   or  purchase  of  a  new  site  or  tax  for  the 
purchase  of  any  new  site  or  structure,  or  for  the  purchase  of 
an  addition   to  the  site  of  any  school-house,  or  for  building 
any  new  school-house,  or  for  the  erection  of  an  addition  to 
any  school-house  already  built,  shall  be  voted  at  any  such 
meeting  unless  a  notice   by  the  board  of  education   stating 
that  such  tax  will  be  proposed,  and  specifying  the  amount  and 
object  thereof,  shall  have  been  published  once  in  each  week  for 
the  four  weeks  next  preceding  such  district   meeting,  in  two 
newspapers  if  there  shall  be  two,  or  in  one  newspaper  if  there 
shall  be  but  one,  published  in  such  district.     But  if  no  news- 
paper shall  then  be  published  therein,  the  said  notice  shall  be 
posted  in  at  least  twenty  of  the  most  public  places  in  said  dis- 
trict   twenty    days  before  the  time    of  such  meeting.     And 
whenever  a  tax  for  any  of  the  objects  hereinbefore  specified 
shall  be  legally  voted  the  boards  of  education  shall  make  out 
their  tax-list,  and  attach  their  warrant  thereto,  in  the  manner 
provided  in  article  seven  of  title  seven  of  this  act,  for  the  col- 
lection of  school  district  taxes,  and  shall  cause  such  taxes  or 
such   installments  to  be  collected   at  such  times  as  they  shall 


4.58  School  Elections. 

become  due.     No  vote  to  raise  money  shall  be  rescinded,  not 
the  amount   thereof  be  reduced   at   any  subsequent  meeting, 
unless  it  be  an  adjourned  meeting  or  a  meeting  called  by  regu- 
lar and  legal  notice,  which  shall  specify  the  proposed  action, 
and  at  which  the  vote  upon  said  proposed  reduction  or  rescind- 
ing  shall  be  taken  by  ballot  or  by  taking  and  recording  the  ayes 
and  noes  of  the  qualified  voters  attending  and  voting  thereat. 
For  the  purpose   of  giving  effect   to  these  provisions,  trus- 
tees or   boards  of   education  are   hereby    authorized,    when- 
ever a  tax  shall  have  been  voted    to  be  collected  in  install- 
ments   for    the    purpose    of    building    a    new    school-house 
or    building    an     addition    to    a    school-house,    or    making 
additions,    alterations     or     improvements    to    buildings     or 
structures  belonging  to  the  district,  or  for  the  purchase  of 
a  new  site,  or  for  an  addition  to  a  site,  to  borrow  so  much  of 
the  sum  voted  as  may  be  necessary  at  a  rate  of  interest  not 
exceeding  six  per  centum,  and  to  issue  bonds  or  other  evi- 
dences of  indebtedness  therefor,  which  shall  be  a  charge  upon 
the  district,  and  be  paid  at  maturity,  and  which  shall  not  be 
sold  below  par  ;  due  notice  of  the  time  and  place  of  the  sale 
of  such  bonds  shall  be  given    by    the    board    of    education 
at  least  ten  days  prior  thereto  by  publication  twice  in  two 
newspapers,  if  there  be  two,  or  one  newspaper  if  there  be  but 
one  published  in  such   district.     But  if  no   newspaper  shall 
then  be  published  therein,  the  said  notice  shall  be  posted  in  at 
least  ten   of  the   most   public  places  in   said   district  ten  days 
before  the  sale.     It  shall  be  the  duty  of  the  trustees  or  the 
persons  having  charge  of  the  issue  or  payment  of  such  indebt- 
edness, to  transmit  a  statement  thereof  to  the  clerk  of  the 
board   of  supervisors  of  the  county  in  which  such   indebted- 
ness   is   created,    annually,    on    or   before    the    first    day    of 
November. 

§11.  Tax  for  teachers'  wages. —  All  moneys  required  to 
to  pay  teachers'  wages  in  a  union  free  school  or  in  the  academ- 
ical department  thereof,  after  the  due  application  of  the 
school  moneys  thereto,  shall  be  raised  by  tax. 

§  12.  Every  union  free  school  district  shall,  for  all  the 
purposes  of  the  apportionment  and  distribution  of  school 
moneys,  be  regarded  and  recognized  as  a  school  district. 


School  Elections.  459 

TITLE  VIII  — ARTICLE  3. 
Of  annual  and  special  meetings,  and  of  election  of  members  of  boards 
of  education  and  clerks  in  districts  where  the  number  of  children 
exceeds  three  hundred. 

§  13.  Annual  and  special  meetings  in  union  free  school 
districts. —  1.  In  union  free  school  districts  other  than  those 
whose  Hmits  correspond  with  those  of  any  incorporated  village 
or  city,  the  annual  school  meeting  shall  be  held  on  the  first 
Tuesday  of  August.  The  boards  of  education  shall  have 
power  to  call  special  meeting  of  the  inhabitants  of  their 
respective  districts  whenever  they  shall  deem  it  necessary  and 
proper,  in  the  manner  prescribed  in  section  ten  of  this  title, 
and  shall  in  like  manner  give  notice  of  the  time  and  place  of 
holding  the  annual  school  district  meeting.  The  proceedings 
of  any  special  meeting  shall  not  be  held  to  be  illegal  for  want 
of  a  due  notice  to  all  persons  qualified  to  vote  thereat,  unless 
it  shall  appear  that  the  omission  to  give  such  notice  was  will- 
ful and  fraudulent.  The  annual  meeting  of  the  board  of 
education  of  every  such  union  free  school  district  shall  be 
held  on  the  Tuesday  next  after  the  annual  school  district 
meeting  therein. 

2.  In  union  free  school  districts  whose  limits  correspond 
with  those  of  any  incorporated  village  or  city,  the  boards  of 
education  shall  have  power  to  call  special  meetings  of  the 
inhabitants  of  their  respective  districts  for  the  purposes  men- 
tioned in  section  nine  of  this  title,  in  the  manner  prescribed 
in  said  section  nine.  The  proceedings  of  any  special  meeting 
shall  not  be  held  to  be  illegal  for  want  of  due  notice  to  all  per- 
sons qualified  to  vote  thereat  unless  it  shall  appear  that  the 
omission  to  give  such  notice  was  willful  and  fraudulent.  The 
annual  meeting  of  the  board  of  education  of  every  such  union 
free  school  district  shall  be  held  on  the  Tuesday  next  after  the 
canvass  and  declaration  of  the  election  of  the  members  of 
said  board  at  the  annual  charter  election  of  the  village  or  city. 

*§  14.  Election  of  board  and  clerk  in  districts  over  300. — 
In  union  free  school  districts  other  than  those  whose  limits 
correspond  with  those  of  an  incorporated  village  or  city,  in 
which  the  number  of  children   of  school  age  exceeds  three 

*  As  amended  by  section  2,  chapter  466,  Laws  of  1897. 


460  School  Elections. 

hundred,  as  shown  by  the  last  annual  report  of  the  board  of 
education  to  the  school  commissioner,  the  qualified  voters  of 
any  such  district  may  by  a  vote  of  a  majority  of  those  present 
and  voting,  at  any  annual  meeting,  or  at  any  duly  called  spe- 
cial meeting,  to  be  ascertained  by  taking  and  recording  the 
ayes  and  noes,  determine  that  the  election  of  the  members  of 
the  board  of  education  shall  be  held  on  the  Wednesday  next 
following  the  day  designated  by  law  for  holding  the  annual 
meeting  of  said  district.  Until  such  determination  shall  be 
changed,  such  election  shall  be  held  on  the  Wednesday  next 
following  the  day  on  which  such  annual  meeting  of  such  dis- 
trict shall  be  held,  in  each  year,  between  the  hours  of  twelve 
o'clock  noon,  and  four  o'clock  in  the  afternoon  at  the  principal 
school-house  in  the  district,  or  at  such  other  suitable  place  as 
the  trustees  may  designate.  When  the  place  of  holding  such 
election  is  other  than  at  the  principal  school-house,  the  trus- 
tees shall  give  notice  thereof  by  the  publication  of  such  notice, 
at  least  one  week  before  the  time  of  holding  such  election, 
in  some  newspaper  published  in  the  district,  or  by  posting  the 
same  in  three  conspicuous  places  in  the  district.  The  trus- 
tees may,  by  resolution,  extend  the  time  of  holding  the  election 
from  four  o'clock  until  sunset.  The  board  of  education,  or  such 
of  them  as  may  be  present,  shall  act  as  inspectors  of  election. 
If  a  majority  of  such  board  shall  not  be  present  at  the  time  of 
opening  the  polls,  those  members  of  the  board  in  attendance 
may  appoint  any  of  the  legal  voters  of  the  district  present,  to 
act  as  inspectors  in  place  of  the  absent  trustees ;  and  if  none 
of  the  board  of  education  shall  be  present  at  the  time  of  open- 
ing the  polls,  the  legal  voters  present  may  choose  three  of 
their  number  to  act  as  inspectors.  The  clerk  of  the  board  of 
education,  shall  attend  at  the  election  and  record  in  a  book  to 
be  provided  for  that  purpose,  the  name  of  each  elector  as  he 
or  she  deposits  his  or  her  ballot.  If  the  clerk  of  the  board 
of  education  shall  be  absent,  or  shall  be  unable  or  refuse  to 
act,  the  board  of  education  or  inspectors  of  election  shall 
appoint  some  person  who  is  a  legal  voter  In  the  district  to  act 
in  his  place.     Any  clerk  or  acting  clerk  who  shall  neglect  or 


School  Elections.  461 

refuse  to  record  the  name  of  a  person  whose  ballot  is  received 
by  the  inspectors,  shall  be  liable  to  a  fine  of  twenty-five  dol- 
lars, to  be  sued  for  by  the  supervisor  of  the  town.  If  any 
person  offering  to  vote  at  any  such  election  shall  be  challenged 
as  unqualified  by  any  legal  voter,  the  chairman  of  the  inspect- 
ors shall  require  the  person  so  offering  to  vote  to  make  the 
following  declaration  :  "  I  do  declare  and  affirm  that  I  am 
and  have  been  for  the  thirty  days  last  past  an  actual  resident 
of  this  school  district,  and  that  I  am  legally  qualified  to  vote 
at  this  election."  And  every  person  making  such  declaration 
shall  be  permitted  to  vote ;  but  if  any  person  shall  refuse  to 
make  such  declaration  his  or  her  ballot  shall  not  be  received 
by  the  inspectors.  Any  person  who  upon  being  so  challenged 
shall  willfully  make  a  false  declaration  of  his  or  her  right  to 
vote  at  such  election,  is  guilty  of  a  misdemeanor.  Any  per- 
son who  shall  vote  at  such  election,  not  being  duly  qualified, 
shall,  though  not  challenged,  forfeit  the  sum  of  ten  dollars,  to 
be  sued  for  by  the  supervisor  of  the  town  for  the  benefit  of 
the  school  or  schools  of  the  district.  The  board  of  educa- 
tion shall,  at  the  expense  of  the  district,  provide  a  suitable 
box  in  which  the  ballots  shall  be  deposited  as  they  are 
received.  Such  ballots  shall  contain  the  names  of  the  persons 
voted  for,  and  shall  designate  the  office  for  which  each  one  is 
voted.  The  ballots  may  be  either  written  or  printed,  or  partly 
written  and  partly  printed.  The  inspectors  immediately  after 
the  close  of  the  polls  shall  proceed  to  canvass  the  votes.  They 
shall  first  count  the  ballots  to  determine  if  they  tally  with  the 
number  of  names  recorded  by  the  clerk,  and  if  they  exceed 
that  number,  enough  ballots  shall  be  withdrawn  to  make  them 
correspond.  Such  inspectors  shall  count  the  votes  and 
announce  the  result.  The  person  or  persons  having  a  majority 
of  the  votes  respectively  for  the  several  offices  shall  be 
elected,  and  the  clerk  shall  record  the  result  of  such  ballot 
and  election  as  announced  by  the  inspectors.  Whenever  the 
time  for  holding  such  election  as  aforesaid  shall  pass  with- 
out such  election  being  held  in  any  such  district,  a  special 
election  shall  be  called  by  the  board  of  education,  but  if  no 
such  election  be  called  by  said  board  within  twenty  days  after 
such  time  shall  have  passed,  the  school  commissioner  or  the 


^62  School  Elections. 

state  superintendent  of  public  instruction  may  order  any 
inhabitant  of  said  district  to  give  notice  of  such  election  in 
the  manner  prescribed  by  section  ten  of  this  title  ;  and  the 
officers  elected  at  such  special  election  shall  hold  their 
respective  offices  only  until  the  next  annual  election,  and 
until  their  successors  are  elected  and  shall  have  qualified  as  in 
this  act  provided.  All  disputes  concerning  the  validity  of 
any  such  election,  or  of  any  votes  cast  thereat,  or  of  any  of 
the  acts  of  the  inspectors  or  clerks,  shall  be  referred  to  the 
superintendent  of  public  instruction,  whose  decision  in  the 
matter  shall  be  final.  Such  superintendent  may,  in  his  dis- 
cretion, order  a  new  election  in  any  district.  The  foregoing 
provisions  shall  not  apply  to  union  free  school  districts  in 
cities,  nor  to  union  free  school  districts  whose  boundaries 
correspond  with  those  of  an  incorporated  village,  nor  to  any 
school  district  organized  under  a  special  act  of  the  legislature, 
in  which  the  time,  manner  and  form  of  the  election  of  dis- 
trict officers  shall  be  different  from  that  prescribed  for  the 
election  of  officers  in  union  free  school  districts,  organized 
under  the  general  law,  nor  to  any  of  the  union  free  school  dis- 
tricts in  the  counties  of  Suffolk,  Chenango,  Warren,  Erie  and 
Saint  Lawrence.  In  Richmond  county,  whenever  any  dis- 
trict shall  have  determined  to  hold  its  annual  election  on  Wed- 
nesday following  the  date  of  its  annual  school  meeting,  the 
same  shall  be  held  between  the  hours  of  four  o'clock  and  nine 
o'clock  in  the  evening. 


GENERAL   INDEX. 


A. 

Adjournment:  PACK 

after  opening  of  polls,  prohibited 3 

of  canvass,  prohibited 127 

of  county  canvassers 156,  157,  158 

of  state  canvassers 169 

Aldermen: 

list  of  candidates  sent  to 73 

posting  of,  by 73 

Appointment: 

ballot  clerks 14,  17 

inspectors    14 

to  fill  vacancies 19 

poll  clerks  14.  I7 

watchers  at  polls 113 

watchers  at  registration 3.3 

Army: 

absence  in  not  to  preclude  right  to  vote 42,  275 

voting  in,  in  time  of  war 232 

AsBembly: 

division  of  counties  into  districts 335 

eligibility  to 287 

how  composed 277 

impeachments,  power  of 293 

legislative  power  vested  in 277 

members  of,  apportionment  of 284 

compensation  of 287 

oath   of  office   of 298 

persons  disqualified  for 287 

members  of,  number  and  terms  of 277 

not  to  receive  civil  appointment 287 

time   for  electing 287 


464  General  Index. 

Assembly  districts:  page 

division  of  state  into ^1  335 

creation  of 284 

Assessors: 

ballots    for 89 

election    of 403 

eligibility    of 302.  421 

oath  of  office  of 421 

resignations  of 3I9»  424 

terms   of 404 

vacancies 323.  4*5 

Attorney-  general : 

election  of 3" 

oath  of  office 304 

resignation  of 3^9 

removal  of 320 

state  canvasser 169 

term  of 3",  3i8 

vacancies  in  office  of 323.  324 

B. 
Sallot-boxes: 

arrangement  of,  at  polls 22 

ballots,  how  deposited  in 122 

candidates,  box  for  ballots  for 21 

constitutional  amendments,  box  for 21 

delivery  of,  at  polling  places 11 

detached  ballot  stubs,  box  for 21 

distance  between,  and  guard  rails 22 

examination  of,  by  inspectors  and  watchers 112 

expense  of  providing 22 

general    ballot-box 21 

local  option  ballots  in 2r 

lock  and  key 21 

officers  to  provide H 

openings  in  lids  of 21 

preservation  of,  when  not  in  use II 

questions  submitted,  box  for 21 

spoiled  and  mutilated  ballots,  box  for 21 

town  ballots,  box  for 21 

unauthorized  matter  not  to  be  placed  in II2 

unlocked  or  opened,  not  to  be 112- 

within  rail  at  opening  of  polls Ill 

Ballot  cabinets  and  machines: 

use  of,  at  election 172- 


General  Index.  465 

Ballot  clerks:  page 

absence   of i^»     ^9 

acting  as,  without  being  qualified,   penalty  for 264 

announcement  by,  on  delivery  of  ballots 115 

on  return  of  ballots "5 

appointment   of "4^     18 

forms  for 27 

ballots,  delivery  of,  regulated 114 

delivery  of,  order  of ii4 

delivery  of  folded,  to  voters 117 

placed  in   charge  of "2 

return  of,  duty  upon US 

sample  ballots,  to  furnish  voters 96 

spoiled,  replacing  of,  by Ii5 

return  of,  prepared  by 1 15 

form  for 99 

unvoted,  delivery  and  return  of,  to  inspectors 115 

certificate  of  service  as,  in  cities 16 

compensation   of 23,    24 

duties  of,  general "4 

eligibility  to  office  of 12 

exempt  from  jury  duty  in  cities 17 

misconduct  of,   general 264 

number   of 12 

oath  of  office  of I5,    18 

failure  to  take,  penalty  for 16 

form  for • 28 

one  to  be  chosen  from  each  party 13.    20 

opening  of  polls,  to  be  present  at iii 

position  of,  within  inclosed  space 112 

qualifications   of 12 

removal  for  cause,  in  cities 16 

sample  ballot,  to  receive 112 

voter  may  take,  away  from  polls,  before  voting 96 

statement  by,  of  ballots  delivered,  returned,  etc i IS 

form  for 99 

term  of  office  of 14.     ^8 

vacancies  in  office  of 16,  18    19 

forms  for  filling 27 

oath  of  appointee IS.     18 

Ballots: 

blank  spaces  on,  with  title  to  be  filled  by  voter 90 

city  clerk  to  distribute  to  polling  places 105 

when   to   provide 104 

constitutional  amendments,  etc.,  ballots  for 94 


466  General  Index. 

Ballots— Co»/jnM^J;  pack 

counting  of  at  eleceions 127,  129,  133 

excess  to  be  drawn,  etc 128 

exhibition  of  ballots  to  watchers I33 

powers  and  duties  of  inspectors  as  to 129 

■when  folded  together 128 

•when  in  wrong  box 128 

when  objected  to I33 

■without   official   indorsement 128 

county  clerk  to  distribute 105 

to  provide 105 

delivery  of,  to  inspectors 106 

receipts  for 106 

form    for 109,  no 

to  town  or  city  clerks lOS 

receipts  for 100 

form   for 109,  no 

to   voters 1^7 

regulated    "4.  "8 

unlawfully,  penalty  for 266 

deposit  of,  in  boxes 123 

proper  indorsement,  when  without 123 

distribution  of,  by  inspectors  at  polls 116 

to  polling  places 105,  106 

destruction  of.  when  folded  together 128 

unlawfully 264 

elections  for  which,  shall  be  printed 89 

emblems  for,  choice  of 61 

errors  and  omissions  in,  correction  of 106 

expense  of  printing  and  delivering 22 

fac  simile  of  officer's  signature  required  on 92 

failure  to  deliver,  penalty  for 264 

folding  of,  by  voters 122 

form    of °9 

independent  tickets  on 91 

indorsement  on 92 

forging  or  falsely  making,  penalty  for 264 

judicial   investigation  of 141 

kept  within  guard  rail Ii3 

marks  on,  prohibited ^20 

not  to  be  counted 132 

penalty  for  placing 265 

misconduct  in  relation  to 263 

names  of  all  candidates,  to  contain 89 

limited 93 

number  of,  for  each  polling  place 104 


General  Index.  467 

Ballots — Continued:  pace 

objected  to,  filed  with  statement  of  result 139 

judicial   investigation  of 141 

to  be  marked 133 

officers  presiding 104 

official  ballots  for  candidates,  form  for 89 

at   school    elections 89 

one   form   only 89 

party   device  on 89 

party  ticket  on 89 

pasters  on 76 

preparation  of,  by  voters 120 

preservation  of,  after  election 137 

stubs   to 140 

where  filed 139,  140 

presidential  electors,  ballots  for 91 

public  inspection  of,  before  election 105 

questions  submitted,  ballots  for 94 

receiving  from  other  than  ballot  clerks 266 

removal  of,  from  polling  place,  penalty  for. 265 

rules  for  marking 121 

illustrations 148,    149 

sample  ballots,  delivery  of,  to  voters 96,  105 

for  polling  places,  providing  of 95 

form  of 95 

showing,  after  prepared  for  voting 265 

spoiled  ballots  replacing  of 120 

stub  on,  how  printed 92 

preservation  and  filing 139,  140 

substitutes  for  missing  ballots,  distribution  of 107 

terms  of  office,  designation  of,  on 93 

town  clerks,  to  deliver 106 

to  provide 104 

town  meetings,  ballots  for 89 

unofficial  ballots,  preparation  of 107 

use  of,  when  permitted 107 

unvoted  ballots,  filing  of 139,  140 

failure  to  return  to  ballot  clerks,  penalty  for 266 

preservation  of 139,  140 

return  of,  etc.,  to  inspectors 115 

village  clerk  to  deliver 106 

to  provide 104 

village  elections,  ballots  for 89 

void  ballots 131,  135 

filing  and  preservation  of 136 

judicial  investigation  of 141 

return  of. 136 


468  General  Index. 

Bets  or  wagers:  page 

persons  making  not  to  vote 275 

Beer: 

sale  of,  at  places  of  registry,  prohibited lo 

at  polling  places,  prohibited 10 

Blank  forms: 

to  be  furnished  election  officers 9^ 

Board  of  registry: 

See  "  Registration." 

Bribery: 

at  elections .....•»...:.:•:•-•:•:•-.••  •207.  270,  275»  299 

Booths: 

See  "  Voting  Booths." 

Board  of  Coiinty  Canvassers: 
See  "  County  Canvassers." 

Board  of  Elections: 

established    ^ '  ^^* 

Board  of  Inspector 

See  "  Inspectors  of  Election." 

Board  of  B>eglster8: 

See  "  Registry,  Boards  of." 

Board  of  State  Canvassers: 
See  "  State  Canvassers." 

c. 

Candidates: 

emblems  to  distinguish,  selection  of 62 

contribution  of  moneys,  etc.,  by,  for  election 267 

list  of  nominations,  defacing,  etc 263 

errors  in,  correction  of 106 

form    of 85,    86 

posting  of 73 

publication   of 7i 

form    for 85 

sent  to  aldermen  and  town  clerks 73 

nomination   of 62,    67 

official  ballots  for 89 

qualifications    of 302 

soliciting,  penalty  for i 274 

statement  of  expenses  of 273 

form  for 88 

penalty  for  neglect  to  file 273 

See,  also,  "  Nomination." 


General  Index.  469 

Canvass  of  votee:  page 

adjournment,    prohibited 137 

ballots,  counting  of,  commence  immediately  at  close  of  polls 127 

containing  too  many  names  marked 131 

excess  to  be  drawn  and  deposited 128 

exhibition  of,  to  watchers 133 

first  count  before  unfolding 128 

folded  together,  when  destroyed 128 

in  wrong  box,  not  to  be  rejected,  etc 128 

method  of  counting 133 

objected  to  ballots  to  be  marked  and  counted 133 

penalty  for  marking,  during 134 

powers  and  duties  of  inspectors  in  counting 129,  133 

replacing  in  box,  after  counting 137 

rules   for  counting 129,  133 

unfolded  by  chairman  only 128 

without  official  indorsement 128 

l>oxes,  order  of  opening 127 

comparison  of  poll  lists 128 

false  returns,  penalty  for  making 267 

intent  of  electors,  how  arrived  at 129,  133 

proclamation  of  result 138 

form   for 154 

public  canvass  and  estimate  of  votes i'27 

room  used  for,  lighted 127 

.entrance  to,  to  be  open 127 

statement  of  canvass 136 

ballots  to  be  filed  with 136,  137 

certified  copies  of I37 

certifying  original I37 

correction  of  errors  in I57 

delivery  of  copy  of,  to  supervisor,  etc I39 

to  town  clerk,  etc I39 

filing  of 139 

in  New  York 139'  MO 

for   police   department 141 

form  for 99,  lOO,  loi,  102,  103 

objected  to  ballots,  to  be  filed  with 136 

original 136 

refusal  to  certify,  grounds  for 137 

time  and  place  for  signing 127 

penalty  for  violation 127 

unofficial  ballots  to  be  filed  with I37 

void  ballots  to  be  filed  with 136,  137 

watchers  may  be  present  at 113 

Cards  of  instruction: 

See  "  Instruction  Cards." 


470  General  Index. 

Caucus:  page 

See  "  Primary  Elections." 

Challenges: 
at  elections: 

additional  oaths 125 

challengers'  names,  not  to  be  disclosed 124 

examination  of  persons  challenged 124 

general  oath,  if  challenge  not  withdrawn 124 

form    of 150 

inspectors   to   challenge 124 

to  challenge  powers  of 125 

minutes  of  challenges 126 

forms  of 151 

preliminary  oath 124 

questions  on 124 

form  of 150 

qualifications  of  voter,  board  to  point  out 124 

right  of  challenge 117 

rejection  of  votes,  upon  refusal 124 

time  for 124 

voters  registered,  may  be  challenged 117 

taking  oath,  entitled  to  vote 124,  125 

at  registry  of  voters : 

examination  of  applicant  for  registry 46 

preliminary  oath 46 

questions  on    44 

record  of  challenges 47 

oath   for 48 

form  of 56 

refusal  to  make  statement 48 

who  may  challenge , 46 

Challengers: 

permitted  to  remain  outside  of  guard  rail 113 

Children: 

of  citizens  of  the  United  States 390 

minor,  of  persons  naturalized 394 

City  clerk: 

ballots,  delivery  of,  to 105 

distribution  of,  by,  on  election  day IDS 

failure  to  deliver  to,  penalty  for 264 

preparation  and  furnishing  of,  by 104 

receipts  for,  delivered  by 105 

form    of 109,  no 

substitutes  for  official  ballots,  may  prepare 107 


General  Index.  471 

Cities:  page 

ballot  machines,  use  of,  in 172 

ballots  for  election  in 104 

boards  of  registry,  meetings  of 32 

election  districts  in,  new  copies  of  previous  registers  for 53 

election  expenses,  city  charge 22 

election  in,  date  of 2 

elections,  statements  of  results  of,  filing  of 139 

inspectors  of  election  in 14 

list  of  voters,  how  prepared  in 35,    39 

officers,  election  and  terms 298 

polling  places,  designation  of 10 

registration  of  voters  in 32,  35,    39 

special  elections  in,  registry  for 40 

Citizens  of  the  United  States: 

children  of  citizens 390 

deserters  are  not 388 

faithful  service  works  removal 389 

married  women  are 388 

must  have  been  ninety  days 375 

persons  born  in  Oregon 388 

rights  of  expatriation 389 

right  to  vote  of 375 

who  are ' 388 

Citizenship: 

defined 388 

desertion  works  loss  of 389 

Collector,  town: 

election   of 403 

oath  of 421 

term  of 403 

undertaking  of 421 

Color: 

persons  of,  have  right  of  suffrage 375 

Comptroller: 

election    of 3^1 

oath  of  office 304.  305 

removal  of 320 

resignation   of 3^9 

state  canvasser 169 

term  of 31 1 

undertaking  of 305 

vacancy,  how  filled 323.  324 


472  General  Index. 

Comxnissioiiers  o£  highways:  page 

election   of  404 

holding  over  of 404 

oath  of  office  of 304,  421 

term  of  office  of 404 

undertaking   of 4^4 

vacancy  in  office  of • .  ••  • 379 

Concurrent  resolutions: 

publication   of o 

Congress: 

districts 361 

members  of,  election  of 181,  313 

qualifications   of 303 

resignations   of 1°^ 

vacancies,   how  filled i8e 

Constables: 

appointment  of,  by  inspectors 20 

election  of 403 

execution  of  election  orders  by 20 

holding  over 357 

oath  of  office 421 

term  of  office » 404 

undertaking  of •• ....:..  • •••  • 422 

Constitutions: 

provisions  therein,  relating  to  elections....... 275 

Constitutional  amendments: 

ballot  box  for 21 

ballots    for 91 

notice  of  submission 5 

publication   of o,  300 

submission  of,  time  for 5,  300 

supersede  amendment  by  legislature 301 

two  legislatures  to  agree  to 300 

Contributions: 

for  election  purposes,  penalty  for  giving  or  receiving 267 

Conventions : 

definitions    of 57 

emblems  for  ballots,  selection  of,  by 61 

misdemeanor  at •  •  258 

nomination  at 01 

See,  also,  "  Nominations." 


General  Index.  473 

CJonvlct:  PACB 

challenge  as  a 125 

disfranchisement   of 377 

pardon  and  restoration  of 377 

penalty  for  voting 266 

when  a  crime  to  vote 266 

Coroner: 

election   of 314 

term  of 314 

CorporatloziB: 

forfeiture  of  charter  of 271 

influencing  voters,  etc.,  by,  prohibited 270 

pay  envelopes,  use  of,  by,  to  influence  voters,  prohibited 271 

refusal  by,  of  grant  of  absence  of  employes,  penalty  for 263 

County: 

four  months  in,  to  vote. .  .^ 375 

officers,  election,  etc.,  of 302 

County  canvaasera: 

adjournment  of 156,  157,  158 

board,  how  composed 155 

canvass  of  votes,  by 156 

certificates  of  election,  to  transmit 166 

chairman    of 155 

decisions,  as  to  persons  elected 165 

publication  of 165 

election  district  statements,  errors  in,  correction  of 157 

production  of,  before  board 156 

errors  by  boards,  correction  of 158 

mandamus  to  compel  corrections  and  performance  of  duty 159 

to  compel  meeting  and  organization 156 

meetings   of 155 

organization    of 155 

quorum   of 155 

secretary  of 155 

statements  of  canvass,  certificates  of 161,  162 

separate  statement  for  each  office 162 

transmission  of,  to  state  officer 161,  166 

County  clerks: 

ballots,  delivery  of,  to  town  or  city  clerks 105 

errors  and  omissions  in,  correction  of,  by 106 

number  to  be  furnished  districts  by 104 

providing  and  printing,  duty  as  to 104 

cards  of  instruction,  to  provide 96 

certificates  of  election,  to  deliver 166 


474  General  Index. 

County  Clerks — Continued:  page 

compensation  of,  for  services 23 

constitutional  amendments,  duty  as  to 6 

convictions  for  bribery,  duty  as  to 325 

distance  markers,  to  provide 96 

election  of 315 

election  laws,  distribution  of,  by 24 

notice  of  election,  publication  of,  by 5 

oaths,  certain,  administered  by,  and  filed  with 304 

list  of  candidates,  sent  by,  form  for 86 

to  furnish  aldermen  and  clerks 73 

nominations,  certain,  certified  to  by  secretary  of  state 71 

filing  of,  with 69,    70 

list  of,  form  for 85 

publication  of,  by 71 

office  not  to  be  open  on  election  day 3 

registry  books,  delivery  of 52 

resignation   of 3^9 

removal  of sg6,  321 

secretary  of  county  canvassers I55 

statements  of  canvass,  duties  as  to 162,  166 

statements  of  election  expenses  filed  with 273 

term   of 3^5 

undertaking  of 308 

See,  also,  "  County  Canvassers." 
County  judge: 

election    of 293,  313 

special    3^3 

term  of 313 

vacancies  in  office  of 294,  314 

County  officers: 

certificate  of  election  of 166 

election    of 302 

election  or  appointment  of 297 

oath  of  office 304,  307 

removal  of 321 

resignations    of 3^9 

statement  of  voters  for 163 

undertakings   of 303 

vacancies  in 323i  326 

election  and  term  of  office 313-318 

County  treasurer: 

election   of 3i5 

term   of 3^5 

undertaking   of 308 


General  Index,  ^yc 

Court  of  Appeals,  Judges  of:  p^^^ 

age    restrictions 202 

compensation   of 202 

judges  not  to  hold  other  office 292 

removals  of 292 

term  of  office,  election  of 291 

vacancies,  how  filled 291 

Crimes  and  misdemeanors: 

bribery  or  intimidation  of  elector  in  military  service 270 

candidate's  statement  of  expenses,  failure  to  file 273 

certificates  of  nomination,  misconduct  as  to 263 

consideration  for  franchise,  giving 267 

receiving   268 

conspiring  to  promote  or  prevent  elections 271 

contribution  of  moneys,  etc.,  for  elections 267 

corrupt  use  of  position  or  authority 272 

disobedience  of  lawful  commands  of  inspectors 266 

election  law,  violation  of,  by  public  officer 264 

election  officers  and  watchers,  misconduct  of 264 

election  officers,  acting  as,  without  being  qualified 264 

commands  of,  refusing  to  obey 266 

misconduct   of 264 

election  supplies,  poll  lists,  etc.,  removal,  mutilation,  etc.,  of 263 

electioneering  at  or  near  polls 265 

elector,  obstructing,  etc 264 

employe,  refusal  to  permit,  to  attend  elections 263 

false  certificate  of  naturalization 273 

false   registration 261 

false    returns 267 

fraudulent  certificate  in  order  to  register,  presenting 274 

in  order  to  vote,  procuring 273 

furnishing  money  or  entertainment  to  induce  attendance  at  polls..  267 

guard  rail,  unlawfully  going  within,  etc 265 

house  dweller,  failure  of,  to  answer  inquiries 263 

illegal   voting 266 

misdemeanors,  certain,  in  relation  to  elections 264 

political  caucuses  and  conventions 258 

newspapers,  soliciting  for  support  of 262 

official  ballots,  failure  to  deliver 264 

failure  to   return 266 

marking  of 264,  265 

misconduct  in  relation  to 263 

receiving  and  delivering  unlawfully 266 

removal  of 265 

showing  of 265 


476  General  Index. 

Crimes  and  misdemeanors — Continued:  face 

pardon  and  restoration  from 377 

political    assessments 271 

registry,  fraudulent  certificates  for,  presenting,  etc 274 

registry  lists,  mutilation,  destruction  or  loss  of 262 

registry  officers,  misconduct  of 262 

soliciting  candidates  to  purchase  tickets,  etc 274 

testimony  upon  prosecution 269 

voters,  duress  and  intimidation  of 270 

voting  after  conviction  of  infamous  crime 266 

voting  booth,  unlawfully  entering,  etc 265 

voting  by  inhabitant  of  another  state  or  country 267 

voting  more  than  once 266 

voting   illegally 200 

watchers,  misconduct  of 264 

D. 

Declination: 

nominations  73 

notice  of  declination  of  nomination 74 

Deserters: 

citizenship,  deprived  of 388 

faithful  service  removes  disability 389 

right  of,  to  vote 37^ 

Distance  markers: 

delivery  of,  to  inspectors 106 

expense  of  providing 22 

officers  to  provide It>4 

placing  of,  at  polls 112 

District  attorney: 

election   of 3^4 

removal  of 296,  299 

undertaking  of 309 

Diatrictfl: 

See  "  Election,  Assembly,  Senate,  etc.,  Distwcts/* 

Disabled  voter: 
See  "  Elector." 

E. 

Election  day: 

considered  as  Sunday  for  banking  purposes ■.•-««-»-.-r  3 

in  public  offices 3 

county  clerk's  offices  to  be  closed  on 3 

courts   may    sit    on 3 

general,  a  public  holiday 2 


General  Index.  477 

Election  day — Continued:  page 

date  of 2 

liquor  not  to  be  sold  on 2 

national  guard  not  to  parade  on 2 

sale  of  property  in  mortgage  foreclosure  on 3 

sheriflFs'  offices  to  be  closed  on     3 

tolls  not  to  be  charged  on 2 

Election  districts: 

creation,  alteration,  etc.,  of 7 

maps  and  boundaries  of 9 

number  of,  in  state 328 

Election,  Inspectors  of: 

See  "  Inspectors  of  Election." 

Election  officers: 
See,  also,  specific  subjects,  e.  g..  Inspectors,  Poll  Gcrks,  etc. 

acting  as,  without  being  qualified 13 

additional  oath  of 119 

form  of 145 

blank  form  for 96 

board  of,  to  be  bi-partisan 13,  20 

designation  and  number  of 12 

duties  of,  general 114 

exempt  from  civil  service  regulations 13 

general  qualifications  of 12 

in  cities 14 

appointment  and  qualifications  of 14 

certificate  of  service  as 16 

exemption  from  jury  duty 17 

failure  to  deliver  register 17 

to  take  oath,  penalty  for 16 

neglect  of  duties,  penalty  for 17 

oaths  of 15 

removal  for  cause 16 

in  towns 17 

appointment  of 17 

compensation  of 24 

misconduct  of 264 

neglect  to  perform  duties 261 

term  of  office  of 12 

to  assist  illiterate  and  disabled  electors 118 

violation  of  law,  by  misconduct  of 264 

Elections: 

adjournment  or  intermission  prohibited 3 

ballot  clerks,  general  duties  of II4 


478  General  Index. 

Slections — Contintud:  page 

ballots,  delivery  of,  to  voters 117 

how  to  mark,  for  voting 120,  148,  149 

objected  to,  judicial  investigation  of 120 

preparation  of,  by  voter 120 

providing  of,  at  public  expense 89 

unofficial,  when  may  be  voted 123 

bets  or  wagers  at 275 

bribery  at 275 

bribery,  menace,  etc.,  at 267,  270,  275 

canvass  of  votes 127 

city  elections 2 

challenges  at 124 

challengers    at 113 

distance  markers,  placing  of II2 

electioneering   at 1 13 

expense  of,  payment  of 22 

false  returns,  penalty  for  making 267 

general  election,  day  of 2 

general  regulations  for ill 

guard  rail,  who  admitted  within 113 

inspectors,  general  duties  of 114 

laws  creating  debt,  submission  of 295 

laws,  transmission  of,  to  clerks  and  election  officers 24 

misdemeanors,  in  relation  to 258,  264 

national  guard,  not  to  parade  during 2 

notices  of 5 

order  at,  preservation  of 20 

papers,  delivery  and  filing  of,  by  inspectors 139 

poll  clerks,  general  duties  of I  IS 

polls,  closing  of,  time  of 3 

opening  of,  time  of 3 

opening  of,  proclamation  on ". 112 

opening  of,  special  laws  as  to 3 

proclamation  of,  result  of 138. 

special,  to  fill  vacancies 3,      4 

state  superintendent  of,  in  metropolitan  district 249 

statement  of  canvass 136 

correction   of 157 

supplies,  etc.,  removal,  mutilation,  etc.,  of 263 

voting,  manner  of 122 

watchers   at 1^3 

misconduct  of ^"4 

Electioneering: 

within  100  feet  of  polls,  prohibited "3 

penalty  for ^S 


General  Index.  479 

Electors:  page 

announcement  of  names  by,  to  inspectors 117 

assistance  for  disabled  and  illiterate  voters 118 

elector  assisting,  when 118 

record  of 126 

form  for 151 

ballots,  delivery  of,  to 114.  ii7 

marking,    for  voting 121 

marks  on  not  to  place  other  than  (X)  cross  mark 120 

penalty  for  placing 265 

preparation  of,  by 120 

return  of,  and  passing  outside  of  rail 123 

sample,  furnishing  of,  to 96 

showing  of.  by,  penalty  for 265 

spoiled,  replacing  of 120 

to  deliver  back  before  leaving  rail 122 

unvoted,  to  return 123 

failure  to  return,  penalty  for 266 

bets  or  wagers  by 275 

bribery   of 267,   270,  275 

booths,  occupation  of,  by 120 

challenge  of,  on  application  for  ballots 124 

on  application  for  registry 43 

taking  oath,  entitled  to  vote 125 

disabled  voters,  assistance  for 43,  118 

assistants  not  to  influence 119 

assistants  not  to  divulge  names 1 19 

oath  of,  form  for 43.  Ii9 

disfranchisement   of 370 

election  districts,  number  in 7 

entry  of,  within  guard  rail 1 17 

free  exercise  of  elective  franchise  by,  not  to  be  interfered  with 270 

illiterate  voter,   assistance   for 43.  "S 

oath  of,  form  for 43.  118 

inducing  to  vote,  penalty  for 265 

inspectors,  may  appoint,  to  fill  vacancies,  etc 19 

intimidation  of,  penalty  for 270 

leaving  space  before  voting 123 

manner  of  voting  by 122 

obstructing  voter  on  way  to  polls  or  while  attempting  to  vote 264 

personal  appearance  for  registration 39 

persons  excluded  from  right  of  suffrage 48 

qualifications  of,  at  primaries 60 

for  registration 4-2 

for  voting 42,  275 

questions  submitted,  how  to  vote  upon 121 

race,  color,  etc.,  not  to  affect 375 


480  General  Index. 

Electors — Continued:  page 

residence  of 42,  33i 

change  after  registration 43 

occupations  and  conditions,  certain  not  to  affect 276 

registration  of 32 

personal  appearance,  when  required 39 

qualifications  for 42,  275 

registry  list  of 35 

right  of,  to  register 42 

right  to  vote,  challenge  of 1^7 

not  to  be  denied 375 

statements  may  be  required  of,  at  elections 124 

at  registration 44 

tolls  not  to  be  charged  on  way  to  polls 3 

unofficial  ballots,  use  of  by I07 

imvoted  ballots,  to  return 123 

unregistered  voter  not  to  vote Ii7 

wrongful  voting  by 266 

Electors  of  president  and  vice-president: 

ballots  for Qi 

certificate    of   appointment 182 

compensation  of i°5 

disqualifications    304 

election    of i°2 

electoral  college,  meeting  and  organization  of 182 

list  of  electors  for 182 

list  of  persons  voted  for 184 

messengers,  appointment  of,  etc 184 

compensation  of 184 

meeting  of 182 

president  of 182 

qualifications   182,  304 

secretaries   of ^82 

statements  of  votes  for 162 

vacancies  in  office 182 

vote  of  electors 183 

Emblems: 

selection  of,  to  distinguish  candidates 61,    69 

Entertainments : 

prohibition   of ■ 267 

Employes: 

absence  for  voting,  entitled  to 127 

refusal  to  permit 263 

influencing,  by  use  of  pay  envelopes,  etc.,  prohibited 271 

no  reduction  from  salary  or  wages 127 


General  Index.  481 

Employers:  page 

bills  or  placards,  posting  of  certain,  by,  prohibited 271 

pay  envelopes,  use  of,  by,  to  influence  voters,  prohibited 271 

refusing  leave  of  absence  to  employes,  penalty  for 263 

Expatriation: 

right  of,  maintained 389 

F. 

Eelony: 

See  "  Crimes," 

Eoi-ms: 

ballot  clerks,  appointment  of 27 

bills  of,  for  compensation 30 

oath    of 28 

statement  of  ballots  delivered,  etc 44,  95 

vacancies  and  absences  in  office  of,  filling  of 7.^ 

ballots  delivered,  receipts  for 109,  no 

certificates   of  nomination 79-84 

declination  of  nomination 86 

independent   nominations 84 

inspectors,  appointment  of,  by  electors 26 

appointment  of  by  inspectors 26 

appointed,  oath  of 28 

bills  of,  for  compensation 30 

affidavit    thereto 30 

chairman's  certificate  of  service  in  cities 31 

designation  of,  by  electors 26 

elected,  oath  of 28 

oath  of,  before  opening  of  polls 119,  145 

oath  of  persons  designated  to  act  as 28 

vacancies  and  absences,  filling  of 26 

instruction  card 108 

lists  of  nominations 85,  86 

memorandum  of  challenges 152 

oath  of  disabled  voters 147 

illiterate   voters , I47 

inspectors 28 

general,  on  challenge 150 

preliminary,  on  challenge 124 

questions  under ISO 

party  nominations 79.  80,  81,  82,  83 

poll  clerks,  appointment  of 27 

bill  of,  for  compensation 30 

oath  of 28 

vacancies  and  absences  in  office,  filling  of 27 


482  General  Index. 

Forms — Continued:  pagb 

poll  list,  form  for I47 

poster  or  list  sent  to  town  clerks  or  aldermen 86 

precept  in  case  of  refusal  to  obey  commands  of  inspectors 29 

proclamation  of  opening  of  polls I45 

result  of  election I54 

receipts  for  official  ballots  delivered 109,  no 

statement  of  canvass •' ^52 

statement  of  election  expenses  by  candidates 88 

vacancies  in  nominations,  filling 87 

watchers,  certificates  of  appointment  of I45 

G. 

Gkneral  election: 

when  to  be  held * 

a  public  holiday 2 

See,  also,  Election  Day. 

Governor: 

election   of 288 

eligibility   288 

pardons  and  restorations  by 377 

qualifications    for 288 

term  of  office 288 

vacancies  in  office  filled  by 322 

Quard  rail: 

admission   within,    regulated II3 

construction,  manner  of 22 

entry  of  voters  within II9 

expense  of  providing 23 

officers  to  provide 10 

preservation  of ^^ 

unlawful  presence  within,  penalty 265 

H. 
Holiday: 

general  election  day,  a  public  holiday 2 

House  dweller: 

failure  of,  to  answer  inquiries,  penalty  for 263 


Illegal  voting: 

See  "  Crimes." 
Illiterate  voters: 

assistance  for 43>  118 


General  Index.  4^3 

Impeachment:  fACE 

trial  of ^3 

Independent  nominations: 
See  "  Nominations." 

Inspectors  of  elections  in  cities: 

absences  and  vacancies  at  meetings,  filling  of I9 

forms  for 26 

appointment  of ^4 

certificate  of  appointment  and  qualification 16 

certificate  of  service  as 16 

chairman  to  prepare 16 

making  false  one,  penalty 16 

compensation    of 23,  24 

exempt  from  civil  service  regulations 13 

from  jury  duty ^7 

failure  to  deliver  register,  penalty 17 

neglect  of  duties  by,  penalty 17 

number  of ^2 

oath  of  office  of ^5 

failure  to  take,  penalty 16 

form   of 28 

qualifications   of ^^ 

removal  for  cause ^^ 

term  of  office  of ^2 

vacancies,  filling  of ^4 

Inspectors  of  elections  in  towns: 

absences  and  vacancies  at  meetings,  filling  of IQ 

forms   for 20,  27 

accounts  for  services,  how  made  out IQ 

form    for 3° 

appointment  of ^7 

appointment,  to  fill  vacancies ^^ 

compensation  of ^° 

bills  for 19 

form  for 3° 

election    of 4o6 

exemption  from  civil  service  regulations U 

fees  for  filing  papers  and  mileage 24 

oath  of  office  of 18,  421 

form  for ^8 

qualifications   of ^^ 

term  of  office  of '^ 

vacancies,  filling  of,  by  town  board 18 


484  General  Index. 

Inspectors  of  elections,  general  provisions  relating  to:  page 

At  elections : 

acting  as,  without  being  qualified 14,  264 

adjournment  or  intermission  prohibited 3 

announcement  by,  whether  voter  is  registered 114 

of  name,  etc.,  of  voter 117 

ballot  clerks,  appointment  of,  by i9 

ballot  boxes,  placing  of  unauthorized  matter  in,  prohibited 112 

unlocking  and  relocking  by 112 

ballots,  delivered  to 106 

counting  of ,  by 127 

delivery  of,  to  voters 117 

distribution  of,  by,  at  polls 112 

entry  upon  registry  upon  delivery  of 114 

exhibition  of,  to  watchers 133 

not  to  deposit  certain 123 

receipts  for 106 

form  for 109,  no 

receiving  of,  from  voter,  by 122 

within  Ail,  to  be,  at  opening  of  polls Ill 

board  of  inspectors,  organization  of 19 

disobedience  of  command  of 266 

form  in  case  of 29 

meetings  of,  public 20 

misconduct,   general 264 

one,  appointed  to  receive  ballots 114 

preservation  of  order  by 20 

form   used 29 

questions  before,  determined  by  majority 114 

violating  election  law 264 

Canvass  of  votes  by : 

adjournment  of  canvass  prohibited 127 

ballots,  excess  to  be  drawn 128 

exhibition  of,  to  watcher I33 

folded  together,  when  destroyed 128 

in  wrong  box  not  to  be  rejected 128 

objected  to,  to  be  marked I33 

without  official  indorsement  not  to  be  counted 128 

comparison  of  poll  lists 127 

powers  and  duties  of  inspectors  in  canvassing 129-133 

proclamation  of  result 138 

form  for IS8 

Statement  of  result  of  canvass : 

certificates  thereto "^27 

certified  copies  to  be  made 137 


General  Index.  485 

Inspectors  of  elections,  general  provisions  relating  to — Cont. :      page 
Statement  of  result  of  canvass : 

copies  to  be  filed  with  county  clerk 139 

to  be  filed  with  town  or  city  clerk 139 

correction  of  errors  in 157 

delivery  of,  to  assessors     139 

to   supervisors 139 

false  returns,  penalty  for  making 267 

form  of 152 

chairman  of,  appointment  of 19 

challenges,  minutes  of I26 

powers  and  duties  as  to 124 

names  not  to  divulge 124 

checking  of  names  by 114 

designation  of  inspectors  to  receive  ballots 114 

distance  markers,  placing  of 112 

disabled  or  illiterate  voters,  to  administer  oath  to 43,  118,  119 

duty  of,  general 114 

false  canvass,  felony  to  make 267 

guard  rail,  who  admitted  within 113 

illitearte  voter,  to  administer  oath  to 43,  118,  119 

instruction  cards,  distribution  of,  by ill 

meeting  of lii 

public,  to  be 20 

oath,  to  take  before  opening  of  polls 119 

opening  of  polls  by 1 1 1 

proclamation    of 112 

order  at  elections,  to  preserve 20 

appointment  of  officers  by,  to  preserve 20 

penalty  for  disobeying 266 

permitting  persons  not  entitled  to  vote,  penalty  for 264 

physical  disability  of  voters,  not  judges  of 119 

position  of,  within  enclosed  space 1 12 

poll  clerk,  appointment  of,  by 17,  19 

polls,  opening  and  closing  of,  time  for 3 

opening   of ill 

proclamation    of 112 

precept  by,  to  preserve  order,  form  of 29 

proclamation  of  result  of  canvass 138 

register  of  voters,  check  mark  upon,  upon  voting 114 

to  have  original  at  elections m 

Registration  of  voters : 

challenge,  of  applicant,  duty  as  to 47 

disabled  and  illiterate  voters,  duty  as  to 43 

meetings  for  registry 32 

misconduct  of,  penalty 262 


486  General  Index. 

ZuBpectors  of  Election,  general  provisions  relating  to— Con/. ;      page 
Registration  of  voters : 

naturalization  papers,  presenting  fraudulent,  to 274 

not  to  be  absent  during 33 

oath  before,  false,  penalty  for 48 

preservation  of  order  by 20 

qualification  of  voters  for  registration 42 

questions  before,  determined  by  majority 114 

registers  of  voters 35 

addition  and  cancellation  of  names  on 33 

certificates  to,  to  attach 49 

copies  of 50 

custody  of  lists 49 

delivery  of  previous,  to 53 

preparation  of,  by 35 

selection  of,  to  assist  disabled  or  illiterate  voters 118 

vacancies  at  meetings,  filling  of 19 

stubs,  to  deposit,  in  box  for  detached  stubs 114 

vote,  canvassing  of 127 

voting,  manner  of 122 

Instruction  cards: 

contents   of 96 

delivery   of 106 

distribution  of,  for  polling  place 105 

form   of 108 

not  to  be  taken  down,  etc.,  during  elections 112 

officers  to  provide 104 

posting   of Ill 

removal,  mutilation,  etc.,  of 263, 

J. 

Judges: 

court  of  appeals,  election  of 291 

not  to  hold  other  office 292 

to  file  certificate  of  age 292 

See,  also,  the  various  courts. 

Judicial  departments: 

division  of  state  into 290 

Judicial  districts: 

alteration  of 290 

division  of  state  into 290,  363 

eight  in  number 363 

Justices  of  peace: 

ballots    for 40S 

certificate  of  election  of 422 


General  Index.  487 

Justices  of  peace — Continued:  paci 

election    of 294,  403 

term  of 404 

undertakings  423 

vacancy,  how  filled 404,  425 

Justices  of  supreme  court: 

See  "  Supreme  Court." 


L. 

Laws  repealed: 

schedule  of 185 

Legislature: 

extra  compensation,  not  to  grant 288 

local  legislative  powers,  may  confer 288 

members  of,  compensation  of 287 

not  to  receive  civil  appointments 287 

time  for  election  of 287 

private  and  local  bills,  not  to  pass  certain 287 

time  for  assembling 287 

vacancies  in  office  filled  by 324 

who  eligible 287 

See,  also,  "  Assembly  "  and  "  Senate." 

Lieutenant-governor : 

election    of 288 

eligibility 288 

term  of  office 288 

resignation  of 319 

List  of  voters: 

See  "  Registration  of  Voters." 

Liquors: 

election  day,  not  to  be  sold  on 2 

places  of  registry,  not  allowed  at 10 

polling  places,  not  allowed  at 10 

Local  judicial  officers: 

election  of 294 

terms   of   incumbents 295 

Lodging-house  keepers  in  cities  of  first  class: 

daily  register  of  lodgers 39,  253 

returns    of 39,  253 

penalties  for  violation 39,  255 


488  General  Index. 

M. 

Member  of  assembly:  page 

See  "  Assembly." 

Metropolitan  elections  district 249 

Misdemeanors: 

See  "  Crimes  and  Misdemeanors." 

N. 
National  ^ard: 

not  to  parade  or  drill  on  general  election  day 2 

Naturalization : 

Africans,  etc.,  to  apply  to 394 

aliens  discharged  from  military  service 393 

certain  persons  arriving  during  minority 394 

children,  minor 394 

declaration  of  intention  and  qualifications 391,  395 

papers,  fraudulent,  procuring  and  presenting 273,  274 

residence,  term  of,  continuous,  before 394 

seamen,  foreign 395 

state  naturalization  law 397 

courts  having  jurisdiction 397 

fees  of  officers 401 

final  application 397 

record  of 400 

notice  of  application 399 

posting  of 400 

penalty   for   violation 401 

political  assessments,  payments  by,  prohibited 401 

primary  declarations 397 

Wavy: 

absence  in,  not  to  disqualify 275 

voting  in,  in  time  of  war 232 

Newspapers: 

selection  of,  for  publication  of  list  of  nominations 71 

for  publication  of  concurrent  resolutions 6 

for  publication  of  notices  of  elections 5 

for  publication  of  list  of  polling  places 11 

soliciting  for  support  of,  penalty  for 262 

Nominations: 

certificate  of,  by  secretary  of  state 71 

by  committee 61 

by  party  organizations 61 

committee  named,  to  fill  vacancies 62 

forms  for 79,  80,  81,  82,  83 


General  Index.  489 

Kominations — Continued:  page 

certificate  of,  by  independent  nomination 67 

committee  named  to  fill  vacancies 69 

form  for g^ 

correction   of 74 

defacing,  etc.,  fraudulently 263 

falsely  making,  filing  and  receiving  of 263 

filing  of,  places  of 69 

time  for 70 

forms  for 79.84 

misconduct  as  to 263 

names  on  restricted 69 

objections  to 74 

questions  as  to,  how  decided 63 

suppression  of  duly  filed 263 

declination  of 73 

form   for 86 

independent  nominations 67 

list  of,  errors  and  omissions  in,  correction  of 106 

publication   of 71 

form   for 85 

for  town  clerks  and  aldermen ■^i^ 

form   for 86 

party  nominations 61 

record  of 70 

town,  village  nominations,  posting  of 72 

vacancies  in,  filling  of 74 

certificate  to  be  made 75 

form  for 87 

use  of  pasters  in y6 

voters  may  make 67 

Notices: 

elections,  by  secretary  of  state  and  county  clerk 5 

primary  elections 57 

o. 

Oath: 

ballot  clerk 15,  18 

form  of 28 

challenge,  oath  on 46,  124,  125 

disabled  voter 43 

form  for 56 

false,  penalty  for 48 

illiterate  voter 43 

form   for 56 


490  General  Index. 

O&th— Continued:  page 

inspectors  in  cities 15 

form  for 28 

inspectors  in  towns 421 

form   for 28 

poll  clerks IS,  18 

form  for 28 

public   officers 304 

form  for 303 

neglect  to  file 307 

Officers: 

See  "  Public  Officers." 

Overseers  of  poor: 

election  of 403,  405 

terms   of 405 

undertaking  of 424 

P. 

Pardon: 

an d  restoration 377 

Party  nozninations: 
See  "  Nominations." 

Pasters: 

See  "  Ballots." 

Penalties: 

See  "  Crimes  and  Misdemeanors." 

Physical  disability: 

defined , 119 

See,  also,  "  Disabled  Voter." 
Placards : 

posting  of,  in  factories,  etc 271 

Political  divisions: 

state,  counties,  towns 328 

Political  year: 

commencement  of 297 

Poll  clerks: 

acting  as,  without  being  qualified 264 

appointment  of 14,  18 

form  for 27 

certificate  of  service  as,  in  cities 16 

compensation  of 23,  24. 


General  Index.  491 

Poll  clerk — Continued  page 

duties  of,  general 120 

exempt  from  civil  service  regulations 13 

from  jury  duty  in  cities 17 

misconduct  of,  general 264 

number  of 12 

oath  of  office  of 15,     18 

failure  to  take,  penalty 16 

form  of 28 

one  to  be  from  each  party 13,  20 

poll  lists,  challenges,  to  designate  on 116 

comparison  of,  with  register 116 

entries  therein 116 

form  of 1 16 

memorandum  on,  as  to  disabled  voters  and  challenges 116 

to  have,  at  opening  of  polls iii 

position  of,  within  enclosed  space 112 

qualification  of 12 

removal  for  cause,  in  cities 16 

stubs,  report  of  number  on,  upon  oflfer  to  vote 116 

term  of  office  of 14,  18 

vacancies  and  absence  in  office  of 16,  18,  19 

forms  for  filling 27 

violating  election  law,  penalty 264 

Poll  lists: 

challenges,  to  be  marked  on 116 

clerk  to  have,  at  opening  of  polls in 

comparison  of,  at  close  of  polls 116,  128 

delivery  of,  by  clerks  at  close  of  elections 139 

entries  on 116 

filed  and  preserved 139 

form  of 147 

memorandum  as  to  disabled  voters  on 116 

mutilation,  removal  or  destruction  of 263 

Polling  places: 

arrangement  of 22 

ballot  boxes  for 21 

ballots,  number  of  for 104 

challenges  at 113 

compensation  for  use  of 22 

designation  of  rooms  for 10 

publication  of 1 1 

electioneering  at,  prohibited 113,  265 

furniture  for 10 

preservation   of ll 


492  General  Index. 

Polling  T?la.eeB— Continued:  page 

guard  rail  at 21 

liquors  not  to  be  sold  at  or  near 12 

local  laws  designating 12 

one  only  in  single  room 10 

persons  to  be  admitted  in 113 

supplies    for 96 

county  clerk  to  provide 104 

voting  booths  at 21 

injury  of 263 

watchers  to  attend 113 

See,  also,  "  Polls." 
Polls: 

attendance  at,  furnishing  money  or  entertainment  to  induce 267 

closing  of,  time  of 3 

opening  of,  time  of 3,  ill 

proclamation  for  opening 112 

form  for 145 

See,  also,  "  Polling  Places." 
Poundmasters : 

election    of 415 

Presidential  electors: 

See  "  Electors  of  President  and  Vice-President." 

Primary  election  law: 

application  to  cities  of  third  class  and  villages 219 

ballots,  booths,  supplies,  etc 205 

canvass  of  votes 209 

committees  and  rules  and  regulation  of  parties 213 

conventions 214 

definitions  and  construction  of  act 189 

enrollment 190 

forms 221 

jurisdiction  of,  and  review  by,  courts 217 

nomination  of  candidates 218 

option  to  certain  parties 218 

primary  elections 200 

officers 204 

repealing  clause 220 

short  title  and  application  of  act 188 

voting  at  official  primary  elections 206 

for  towns  in  certain  counties 220a 

Primary  elections: 

additional    requirements  at    58 

canvass  of  votes  at   61 

chairman  of.  duties  of   60 

conc'uct   of  58 


General  Index.  493 

Primary  elections — Continued:  page 

definitions  of 57 

illegal  voting  at 266 

misdemeanor    at 258,  264 

nomination  of  candidates  at 61 

forms  of  certificate  of 79,     83 

notice  of 57 

organization  of 58 

presiding  officers  of 58 

qualifications  of  voters  at 60 

results  of,  filing 59 

watchers  at 61 

Proclaiuatlon: 

of  special  election 4 

of  result  of  canvass 138 

opening  of  polls 112 

Propositions: 

notice  of  submission 5 

Public  officers: 

corrupt  use  of  position  or  authority  by 272 

election  or  appointment  of 297 

duration  of  office 297 

neglect  of  duty  by,  penalty  for 264 

oaths  of 304 

failure  to  file 307 

qualifications  of,  general 302 

resignations    of 319 

removal  of 297,  320,  321 

term,  commencement  of 318 

holding  over 318 

undertakings 305 

failure  to  file,  etc 307 

vacancies 3,  323,  327 

filling,  terms  of  those , 319 

Q. 

Questions: 

notice  of  submission 5 

R. 

Bace: 

not  to  affect  right  to  vote 375 

Keformatory: 

persons  sent  to,  not  disfranchised 378 


494  General  Index. 

Begistration  of  electors:  page 

Challenge  to  applicant  for  registry: 

challenge  affidavit 43 

entry  on  registry 47 

examination  of  applicant 46 

name  not  to  be  placed  on  list  upon  refusal 47 

Challenge  to  applicant  for  registry:  Page. 

name  to  added  on  statement  and  oath 47 

oath  to  be  administered 46 

record  of 48 

Register  of  voters: 

accessible  to  public 49 

addition  and  cancellation  of  names  on 33 

additional  names,  arrangement  for 50 

blank  books  for,  delivery  of 52 

certificates  to 49,  50 

as  to  number  of  electors  enrolled 52 

form  for 55 

challenges,  registry  of,  in 47,  48 

changes  in,  certificates  to 51 

change  of  residence,  correction  of  register 43 

copies,  of  previous,  for  new  districts 53 

filing  of 50,  SI 

right  to  make 50 

to  be  retained  by  inspectors 50 

correction  of,  meetings  for 32,  33 

custody  of 49 

delivery  of  previous,  to  inspectors 53 

examination  of 50 

forms  for 35 

instructions  for  preparing 38 

list  of  electors,  by  street  numbers 36 

publication  and  distribution  of 37 

mutilation,  etc.,  of,  penalty  for 50,  262 

public  copy  of 49 

remarks  to  be  placed  on 38 

statement  filed  by  certain  persons  to  be  noted  on 42 

Registration,  etc. : 

certificate  of,  for  elector 41 

city  registration,   meetings  for 32 

personal  appearance  required 39 

day  for,  not  holiday 43 

disabled  voters,  assistance  for 43 

elections  other  than  general,  registry  for 41 

elector  registering  in  two  districts 41 

penalty  for 41 


General  Index.  495 

Hegistration  of  electors — Continued:  page 

Registration,  etc. : 

false  registration,  penalty  for 261 

illiterate  voters,  assistance  for 43 

laws  to  be  made  for 276 

meetings  for 32 

duration  of 32 

method    of    registration 39 

naturalization  papers,  fraudulent,  penalty  for  presenting 273 

penalty  for  procuring 273 

production  of 48 

oath,  false,  penalty  for 48 

personal  appearance  in  cities  and  certain  villages 39 

registry  as  a  condition  of  voting 117 

registry  books,  copies  of  previous,  for  new  districts 53 

delivery  of  previous,  to  inspectors 53 

delivery  of,  to  election  officers 52 

registry  officers,  misconduct  of,  penalty  for 262 

removal,  certificate  of 41 

required  by  constitution 276 

right  to  register 42 

rooms  for  registry  of  voters 10 

designation  of 10 

list  of,  to  be  published   n 

town  elections,  not  required  at 326,  403 

town  registration,  meetings  for 32 

placing  of  names  on  list 39,     40 

special  election  in  cities  and  villages,  registry  for 33 

statement  to  be  filed  by  certain  voters 42 

village  elections,  not  required  at 326 

voters,  qualifications  of,  for  registration 42 

Bemoval: 

of  officers  in  certain  cases 320,  321 

.Bepresentative  in  congress: 

districts  for  election  of 3^1 

election  of 181,  313 

qualifications 3^3 

resignation  of 181 

vacancies 181 

Besidence: 

certain  conditions  and  occupations  not  to  affect 276 

duration  of,  for  voting  purposes 375 

what  deemed  to  be 37^ 


496  General  Index. 

B€signations:  pag« 

public   officers 3^9 

Beetoration: 

pardon   and 377 

Bight  of  suffrage: 

electors,  when  excluded  from yi7 


s. 

Sample  ballots: 
See  "  Ballots." 

School  commissioner: 

election   of 3^7 

term  of 2M 

School  comzaissioner  districts: 

list  of • 364 

School  elections: 

challenges 447 

district  meetings 445 

annual 445 

when  not  held 445 

duty  of  inhabitants,  call  for 446 

proceedings,  when  illegal 445 

powers  of 447 

election  of  officers 45i 

in  districts  over  three  hundred 451 

illegal  voting  at 447 

new  districts 444 

first  meeting,  notice  of 444 

refusal  to  serve  notice,  penalty  for 444 

special  district  meetings 445 

call  for,  by  commissioner 444 

union  free  school  districts 454 

annual  and  special  meetings 459 

powers  of 456 

districts  over  three  hundred 459 

election  of  board  and  clerk  in 459 

levy  of  tax 454 

qualifications   of   voters 444 

tax  for  teachers'  wages 45* 

voters,  qualifications 44^ 

School  officers: 

official  ballots  for 89 


General  Index.  497 

Secretary  of  state:  page 

blank  challenge  affidavit,  to  furnish 43 

certificates  of  elections,  to  transmit 170 

of  nominations,  filed  with 69,     70 

concurrent  resolutions,  publication  of,  by 6 

constitution  amendments  and  other  propositions,  duty  as  to 6 

county  officers  elected,  record  in  office  of 171 

election  of 311 

election  laws,  distribution  of,  by 24 

emblem,  selection  of,  by 64 

nominations,  certificates  of,  by 71 

certificates  of,  filed  with 69 

vacancies  in,  duty  as  to 75 

notice  of  election  by 5 

registry  book,  preparation  of,  by 52 

resignation   of 319 

removal  of 320 

state  canvass,  duty  as  to 169,  170,  171 

term  of 311 

vacancy  in  office  of 323,  324 

Senate: 

alteration  of .• 283 

districts,  division  of  state  into 277 

Senators: 

state,  election  of 287 

number   and    terms 277 

qualifications    for 303 

time  for  elections 287 

See,  also,  "  Legislature  and  United  States  Senators." 

Sessions: 

justices  of,  abolished 314 

Sheriff: 

election  of 297,  314 

office  not  to  begin  on  election  day 3 

term  of 3I4 

undertaking  of 307 

Soldiers  and  sailors: 

time  and  place  for  voting  in  time  of  war 232 

Special  elections: 
See  "  Election." 


498  General  Index. 

State  board  of  canvassers:  page 

adjournment  of 169 

canvass  by 161,  169 

mandamus  to  compel  correction  of  errors  by 159 

meeting  of 169 

organization  of 169 

reconvening  of,  court  may  compel 162 

State  engineer: 

election  of 311 

qualifications  of 289 

resignation  of 319 

removal  of 320 

term  of 311 

vacancy 323,  324 

State  officers: 

provisions  relating  to 302 

State  treasurer: 

election  of 289 

resignation   of 319 

reoval  of 320 

suspension  of 289 

term   of 289 

vacancy,  how  filled 323,  324 

Superintendent  of  elections: 

state,  for  metropolitan  elections  districts 249 

Superintendent  of  poor: 

election   of 315 

oath  of 304 

resignation  of 319 

term  of 315 

undertaking  of 309 

Supervisors: 

election  of 403 

eligibility  for 421 

local  legislative  powers 288 

oath  of 421 

private  or  local  bills  for  election,  not  to  be  passed 287 

resignations 424 

term  of 404 

undertakings 423 

vacancies 425 


General  Index.  490 

Supreme  court:  p^(,_ 

judicial  districts 2Qo 

judicial  investigation  of  ballots  by 141 

justices'  certificate  of  age,  to  file 292 

compensation  of 292 

election  of 290 

removal  of 292 

term  of 290 

to  hold  no  other  office 292 

vacancies  in  office 290 

Surrogate: 

election  of 294,  313 

special 294,  313 

term   of 294 

vacancies  in  office  of 294 


T. 
Tally  sheets: 

to  be  furnished  election  officers 96 

form  of ^,. ,..,... 97,    98 

Tolls: 

not  to  be  charged  after  an  election  day 2 

Town  board: 

appointment  of  inspectors  to  fill  vacancies,  by 425 

election  districts,  creation,  etc.,  of 7 

ballot  machines,  adoption  of 174 

polling  places,  designation  of  by 10 

Town  clerk: 

ballots,  delivery  of,  to 105 

delivery  of,  to,  failure  of,  penalty  for 264 

distribution  of,  by,  on  election  days 106 

preparation  and  furnishing  of,  by 104 

receipts  for. . . .  ^ 106 

form  for 109,  no 

clerk  of  town  meeting 412 

compensation  of,  for  election  services 23 

election  and  term  of 403,  404 

list  of  candidates,  posting  of,  by y^ 

form  of 85 

sent  to 73 

nominations  filed  with 69,  70 

record  of  nominations  by 70 

substitutes  for  official  ballots,  may  provide 107 


500  General  Index. 

Town  meetings:  pack 

biennial,  changing  place  of 402 

powers  of 410 

time  and  place  of 402 

ballots  for  full  term  and  vacancies 408 

balloting  at 4^5 

bi-partisanship  in  election  boards,  not  required  at 277 

business  in  separate  election  districts,  transaction  of 418 

business  not  requiring  ballot,  transaction  of 413 

canvass  of  votes 416 

challenges   at 413 

clerk  of 412 

date  of  holding,  change  of 420 

duration  of 4^3 

election  districts,  town  meetings  in 417 

election  of  officers  at 403 

election  supplies,  etc.,  removal  or  mutilation  oi 263 

expenses  of 23 

held  at  time  of  general  election 419 

holding  of,  in  certain  counties 426,  428a,  428!,  428i,  428I 

minutes  of  proceedings  of 4^3 

notices  of 412 

propositions  to  be  determined  by  ballot  at 414 

poll   lists  at 416 

pounds,  erection  or  discontinuance  of,  at 415 

poundmasters,  election  of,  at 415 

presiding  officers  of 412 

absence  of 412 

proclamation  of  opening  of  poll 415 

special  town  meetings 411 

vote  to  expend  over  five  hundred  dollars 414 

Town  officers: 

assessors 404 

ballots  for  full  terms  and  vacancies 408 

compensation  of 

commissioners  of  highway 404,  424 

election  of 403 

eligibility  of 421 

justices  of  peace 404.  4o8 

certificates  of  election  of 422 

oath  of  office  of 421 

oaths,  administering  of,  by 422 

omissions  of,  report  of 425 

overseers  of  poor 405 

undertaking  of 424 


General  Index.  501 

Town  otticeTB—Conlinued:  pagr 

overseer  of  highways,  refusal  to  serve  as 422 

poundmaster,  refusal  to  serve  as 424 

resignation   of 424 

term  of  office  of 404 

undertakings,  collector's 421,  422 

commissioners  of  excise 424 

commissioners  of  highways 424 

constables 422 

execution  of 425 

form  of 425 

justices 423 

liability  on 425 

overseer  of  poor 424 

supervisor 423 

vacancies  in,  filling  of 425 

Towns: 

ballot  machines,  use  of,  in 174 

ballots  for  elections  in 89 

election  districts  in 7 

election  districts,  new,  copies  of  registry  for 53 

election  expenses,  a  town  charge 22 

nominations,  posting 73 

polling  places  in,  designation  of 10 

registry  of  voters  in 32 

special  elections  in,  registration  for 33 

enrollment  and  primary  elections 220a 

Treasurer,  State: 

See  "  State  Treasurer." 

u 

Undertakings: 

neglect  to  file 307 

official,  force  and  effect  of 305,  306 

See,  also,  "  General  Subjects." 

United  States  Senators: 

disqualifications 304 

election,  time  and  manner  of 312 

qualifications 304 

term   of 313 

V. 
Vacancies  in  office: 

ballot  clerks 16,  18,     19 

county  judge 294,  314 

creation  of 323 


502  General  Index. 

Vacancies — Contimtcd:  page 

elective  offices  generally 323.  324 

filling  of. ... : 3,  322  - 

terms  of  those 3^9 

general  election,  when  filled  at 3 

governor  to  fill 322 

inspectors  of  election I4.   18,     19 

judges  of  court  of  appeals 291 

justices  of  supreme  court 290 

legislature   to   fill 324 

notice  of  existence  of 325 

poll  clerk 16,  18,     19 

representatives  in  congress 181 

special  elections,  when  filled  at 4 

surrogate 294 

Village  clerk: 

ballots  for  elections,  to  provide 104 

distribution  of ,  by 106 

failure  to  deliver  to,  penalty  for 264 

Village   elections 

ballots  for 89,    104,  106 

bi-partisanship  in  election  boards,  not  required  at 277 

expenses,  a  village  charge 22 

general  law  as  to 429 

nominations,  posting 73 

Village  officers: 

general  law  as  to 429 

Vote: 

persons  convicted  of  bribery  cannot 275 

persons  convicted  excluded  from  right  to  vote 275 

persons  convicted  of  felony  cannot 275 

persons  entitled  to,  may  be  ascertained 390 

promises  for  giving  or  withholding 275 

rejection  of,  at  election 125 

residence  required 276,  331 

right  to,  not  to  be  denied 375 

who  entitled  to 275 

Voters: 

See  "  Electors. 

Voting: 

by  inhabitants  of  another  state 367 

illegal a66 


General  Index.  503 

Voting— Continued:  pack 

manner  of 122,  276 

misdemeanors  relating  to 264 

more  than  once 266 

Voting  booths: 

arrangement  of 21 

construction,   manner  of 22 

expense  of  providing 22 

guard  rail,  how  placed  with  reference  to 22 

injury  to,  penalty  for 263 

lighting  of 22 

number  of 21 

occupation  of,   limited 120 

officers  to  provide 10 

preservation  of 11 

supplies    for 10,  22 

Voting  machines: 

state  voting  machine  commissioners 172 

examination  of  voting  machine 173 

requirements  of  voting  machine 173 

adoption  of  voting  machine 174 

experimental  use  of  voting  machine 174 

providing  machines 174 

payment  for  machines 175 

form  of  ballots 175 

sample  ballots 175 

number  of  official  ballots 175 

distribution  of  ballots  and  stationery 175 

tally  sheets 176 

unofficial  ballots 176 

opening  the  polls,  independent  ballots 176 

location  of  machines,  guard  rail 177 

manner  of  voting 177 

instructing  voter 177 

disabled   voters 178 

canvass  of  vote  and  proclamation  of  result 178 

Disposition  of  independent  ballots,  and  preserving  the  record  of 

the  machine 178 

application  of  other  articles  and  penal  code 179 

when  ballot  clerks  not  to  be  elected 179 

number  of  voters  in  election  districts 179 

definitions 179 

repeal  of  laws i8o 


504  General  Index. 

W. 
Watchers  at  primaries:  PAGR 

relative  to • 61 

Watchers  at  polls: 

ballot  boxes,  examination  of,  by,  at  opening  of  polls 112 

certificate  of  appointment,  form  for 14S 

political  parties  may  appoint 113 

may  be  present  within  guard  rail Il3 

misconduct  of 204 

revealing  names  voted,  penalty  for 266 

Watchers  at  registration: 

appointment,  etc • 33 


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